9911796707
TMI Blog2023 (9) TMI 1471X X X X Extracts X X X X X X X X Extracts X X X X ..... gold is strictly regulated and is permitted only through certain identified agencies, who too must import the same in accordance with a restricted and regulated regime which stands created in terms of the various Circulars issued by Customs as well as the Reserve Bank of India. Hence, the Adjudicating Authority has clearly erred in directing the release of the seized articles on the payment of redemption fine. Thus, we find ourselves unable to sustain the order impugned. The appeal shall consequently stand allowed. The impugned order dated 10 November 2020 is hereby set aside. - HON'BLE MR. JUSTICE YASHWANT VARMA AND HON'BLE MR. JUSTICE DHARMESH SHARMA For the Appellant : Mr. Satish Kumar, Sr. Standing Counsel with Ms. Vaishali Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt authority in terms of Section 125, we had observed as under:- 145. In summation, we note that Section 2(33) of the Act while defining prohibited goods firstly brings within its dragnet all goods in respect of which a prohibitory notification or order may have been issued. That order could be one promulgated either under Section 11 of the Act, Section 3(2) of the FTDR or any other law for the time being in force. However, a reading of the latter part of Section 2(33) clearly leads us to conclude that goods which have been imported in violation of a condition for import would also fall within its ambit. If Section 2(33) were envisaged to extend only to goods the import of which were explicitly proscribed alone, there would have been no occ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds constructed in terms of the FTP and the specific prescriptions forming part of the ITC (HS). Those restrictions which are clearly referable to Section 5 of the FTDR and the relevant provisions of that enactment would clearly be a restriction imposed under a law for the time being in force. Once the concept of prohibited goods is understood to extend to a restrictive or regulatory measure of control, there would exist no justification to discern or discover an embargo erected either in terms of Section 11 of the Act or Section 3(2) of the FTDR. This more so since, for reasons aforenoted, we have already found that the power to prohibit as embodied in those two provisions itself envisages a notification or order which may stop short of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in 08 UPS machines and packing material and were sought to be imported through a courier. The gold bars weighed 12000 grams and had been valued at that time at approximately Rs. 3.56 crores. 5. We find that the import of gold is strictly regulated and is permitted only through certain identified agencies, who too must import the same in accordance with a restricted and regulated regime which stands created in terms of the various Circulars issued by Customs as well as the Reserve Bank of India. 6. In the facts of the present case, we thus find that the Adjudicating Authority has clearly erred in directing the release of the seized articles on the payment of redemption fine. We had an occasion in Nidhi Kapoor to notice the deleterious effect ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
