9911796707
TMI Blog1987 (4) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... waive the condition of import to old machineries. The said Shri G. Sarengi: it is stated - allegedly took a lenient view and gave the Petitioner option to redeem the goods on payment of fine of Rs. 60,000/- plus payment of usual customs duty thereon. This case has a cheduered carrier. 2. On July 2,1981 the petitioner received from the Ministry of Industry, Government of India, a letter of Indent (Intent ?) for the purpose of manufacture and export of 3353 metric tonnes of jute hessians and fine yarn per month and on February 25,1985 the said letter of Indent (Intent ?) was converted into an industrial licence by the Government of India. The Export Commissioner, New Delhi also issued a green card on 10th April, 1984 in favour of the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther importation of machineries. In the meantime in or about January 1985 the petitioner came to know that two second hand drawing systems both of which were manufactured in or about 1976 in United Kingdom in good condition was available for sale at a comparatively low price and on the impression that as the petitioner was 100% export-oriented unit working under the supervision and control of the Customs department and further being encouraged on the basis that if any improvement in the production is made with the help of the said imported machine. There would be more export and the country would earn a good amount of foreign exchange, the petitioner placed the order for purchase of the said machines and ultimately the said two machines rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorisation in this behalf. But the said Collector of Customs held that the said goods have been imported under OGL in clear violation of the law in this behalf and as such the same was liable for confiscation. The petitioner made a representation before the Government of India for relaxation of the provisions in this behalf for removing the defects if any, in the matter of importation and that as the said representation was not disposed of the petitioner moved this Court for disposal of the said representation by the Central Government and also challenging the validity of the said order of confiscation passed by the said G. Sarengi, Collector of Customs whereupon A.K. Sengupta J. by the order dated 21st November 1986 directed the Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t dated 15-12-1986, on the ground that the importation was made earlier than the order of relaxation made in this behalf by the Central Government. It was stated that importation took place in April 1986, whereas relaxation in respect of such importation was made by the Ministry of Industry on 15-12-1986 and as such according to Shri G. Sarengi, Collector of Customs, the importation at the material point of time was unauthorised and the goods were liable for confiscation. The learned Advocate appearing on behalf of the petitioner contended on the first place that when the Government of India through the Ministry of Industry made such relaxation taking into consideration, (that) the petitioner is manufacturing goods 100% importation (exporta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of fine of Rs. 2 lakhs with penalty of Rs. 5,000/- and this time the said redemption fine was reduced to Rs. 60,000/- and in the facts and circumstances of the case the Collector of Customs acted arbitrarily and contrary to public interest in confiscating the goods on the alleged plea that order for relaxation was issued after the importation was made. It was further stated that in the application filed by the Government of India, the whole thing was explained and the Government of India after careful consideration of all the relevant factors issued, such order of relaxation regarding age of machine and under such circumstances the said order was binding upon the Collector of Customs who had no authority to sit over in judgment of a deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rought namely for increasing production for the purpose of increasing exports and thereby earning a good amount of foreign exchange. This is not a simple case of importing any contraband goods. The position of the petitioner as it appears was not properly appreciated by the Collector of Customs who had been acting as an instrumentality for the purpose of earning foreign exchange. 4. In my view the petitioner has made a strong prima facie case and it is a fit and a proper case where I should exercise my discretionary power in the matter in public interest. Accordingly let a rule be issued in terms of prayer (a), (b) and (c) and an interim order directing the respondents to allow clearance of the said machines details whereof are contained ..... X X X X Extracts X X X X X X X X Extracts X X X X
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