2004 (1) TMI 84

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..... d at Exhibit - D to the petition. The challenge is at the instance of the petitioners wherein the fine and penalty is levied upon for importing marbles without the licence. 2. Whenever, petitioners import marble without licence, they pay fine and penalty, as may be levied under the provisions of the Customs Act. 3. In the past similar consignments were imported by the petitioners and in spite .....

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..... r from the facts that the fine imposed earlier did not act as deterrent to stop further illegal imports. 4. It is thus clear that the petitioners who are in the business of marble and have become a habitual importer of goods inspite of the fact that they are very well aware of the law that the imports have to be backed by a valid licence. Inspite of this, if the petitioners are repeatedly includ .....

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..... w of land and who are deliberately indulging in committing breach thereof. This Court would not be justified in invoking writ jurisdiction in favour of such persons. Writ jurisdiction is available to further the cause of regime of law, not to abrogate the same. In the facts of this case the consignments confiscated by the Customs authorities cannot be allowed to be released on the licence which we .....

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