9911796707
TMI Blog1999 (5) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... der per : Gowri Shankar, Member (T)]. The appellant is a citizen of the United States and was apparently a student there. She came to India on 11th December, 1996 on visa valid for three months from the date of entry, to attend the marriage of a relative. On the 27th February, 1997 she married an Indian national. By a declaration filed before the Customs authorities on 19th November, 1997 sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice to show cause which was issued proposing confiscation was alleged that there was no attempt to get visa duly modified. The Assistant Commissioner did not accept the contention in reply that it was the appellant s intention to continue. He held that the appellant has not satisfied the conditions cited above of the public notice, ordered confiscation of the car as unauthorisedly import with an o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which was renewed from time to time does not militate her intention to permanent settlement. In support of her intention is the fact of her marriage to a resident of Hyderabad. There is no allegation by the department that the marriage was contrived or false in order to avail of the benefit of the notification. At the same time, however, the fact remains that when the appellant arrived she had n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant, he explained that technically there is a contravention but says that in the facts and circumstances of this case, it is only a requirement and that contravention does not justify confiscation. 4. The fact remains that, as we have said, the appellant had and continued to stay in India. She has now been granted ten years residence permit. Therefore, while technically the condition of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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