Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights July 2024 Year 2024 This

Customs department's conduct was wrongful, vindictive, and gross ...


Customs dept's vindictive conduct restricting exit despite acquittal is abuse of power. Court grants exit & ₹10L compensation for trauma.

July 13, 2024

Case Laws     Customs     HC

Customs department's conduct was wrongful, vindictive, and gross abuse of power in restricting petitioner's exit without justification, despite acquittal on merit in smuggling case. Court invoked Section 482 CrPC for complete justice, as respondent's conduct was reprehensible and unbecoming. Articles 20, 21, and 22 rights extend to non-citizens. Petitioner granted exit permit within two weeks and Rs. 10,00,000 compensation for mental agony, trauma, and sufferings due to respondent's conduct. Petition allowed.

View Source

 


 

You may also like:

  1. Guidelines for conduct of personal hearings in virtual mode under Customs Act, 1962 - Trade Notice

  2. Guidelines for conduct of personal hearings in virtual mode under Customs Act, 1962 - Order-Instruction

  3. Order of acquittal - Search and seizure was not conducted in accordance with Sections 100 to 105 of the Customs Act inasmuch as independent witnesses - accused is...

  4. Suspension of Customs Broker License - Deemed Suspension or automatic suspension? - There is no existence of any provision of “Deemed Suspension” or “automatic...

  5. Dishonor of cheque - insufficiency of funds - discharge of legal liability or not - In the case of acquittal, there is double presumption in favour of the accused. An...

  6. Seizure of goods - Jurisdiction - Ethanol - goods in question were not prohibited goods - The High court found that the seizure of the petitioner's goods was prima facie...

  7. Instruction No. 12/2024-Customs, dated 01-05-2024, addresses the review of the necessity of G-Card holders at Customs stations and the conduct of G-Card examinations as...

  8. The High Court considered the acquittal of respondents u/s 135(1)(ii) of the Customs Act. Dexamethasone is a dutiable item u/s Customs Tariff Act. Statements u/s 108...

  9. Exit order in terms of Rule 74 of the Special Economic Zone Rules, 2006 - There is nothing in Rule 74 or in the Act 2005, which will give an opportunity of hearing to a...

  10. Terms and conditions of Exit Option Scheme of RBI - Voluntary retirement scheme - exemption u/s 10(10C) - whether Exit Option Scheme of RBI were different from the terms...

  11. Valuation of imported goods - The Foreign Trade Act and the Section 125 of the Customs Act does not make any bar from redemption of such restricted goods imported...

  12. HC determined that absolute confiscation of undeclared gold carried by travelers without offering redemption option violates customs regulations. While gold import is...

  13. Violation of FERA provisions - foreign exchange seized at airport - reliance on statement recorded under Customs Act - validity of reliance despite retraction. Held: No...

  14. Oppression and mismanagement - conduct of due election of the Board of Directors - Lame excuses to conduct the election cannot be accepted for not conducting the...

  15. The Ministry of Finance, Department of Revenue, Office of the Commissioner of Customs issued a Public Notice regarding the receipt of e-BRC for exports made from...

 

Quick Updates:Latest Updates