9911796707
|
Home
Issues: The judgment involves the import of beef tallow by a firm holding an Imprest Licence, leading to allegations of unauthorized import and subsequent liability.
Summary: 1. The petitioners, a firm recognized as an Export House, were issued an Imprest Licence for importing diamonds subject to export obligations. They authorized another entity, M/s Mangla Brothers, to import permissible items under the licence. However, M/s Mangla Brothers imported beef tallow, leading to confiscation and subsequent clearance against a redemption fine. 2. A public notice in June 1981 allowed the import of tallow of any animal origin, including beef tallow. Subsequently, the discovery of adulterated vanaspati led to the petitioners being placed under abeyance in November 1983. 3. A show cause notice in March 1984 alleged illegal import of beef tallow, with the petitioners, M/s Mangla Brothers, and M/s Aron Chemicals Private Limited being implicated. Despite the petitioners' disclaimer of involvement, the authorities held the import unauthorized and imposed a five-year import debarment on the petitioners. 4. The petitioners challenged the order, arguing that they did not abet the unauthorized import as they had authorized only permissible items. The court agreed, stating that the petitioners cannot be held liable for the actions of their agent, M/s Mangla Brothers, who exceeded the authority granted. 5. The respondents failed to establish any violations by the petitioners and could not prove abetment. The court rejected the argument that the petitioners could be held responsible for the agent's actions without their knowledge, leading to the petitioners being absolved of liability and granted relief. 6. The court ruled in favor of the petitioners, making the rule absolute with no costs awarded, emphasizing that a principal cannot be held accountable for the agent's wrongful acts done without the principal's knowledge or consent.
|
