9911796707
TMI Blog2000 (2) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... (Foreign Trade) and order, dated 24th August, 1999 passed by the Appellate Committee in an appeal preferred by the petitioner against the original order. By the original order a penalty of Rs. 50 lakhs was imposed on the petitioner besides disqualification for imports up to the year 2002. This action was taken under Section 4-I(i)(c) of the Imports and Exports (Control) Act, 1947 although the show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses (a) & (c) referred to above deal with cases where licence has been obtained or declaration is made for purpose of obtaining a licence. In the present case neither any licence had been obtained nor any declaration had been made for obtaining licence. The goods were imported without any licence. As a matter of fact, the action against the petitioner is purported to be under sub-clause (c) which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t petitioner must be dealt with under the Imports & Exports (Control) Act as well. The argument raised by learned counsel for the respondent in our view has no force. The case does not fall within the ambit of the Imports & Exports (Control) Act, 1947. The writ petition is allowed. Both the impugned orders are hereby quashed. There will, however, be no order as to costs. X X X X Extracts X X X X X X X X Extracts X X X X
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