prohibited goods Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Releasing prohibited goods without fine is not a valid option’; CESTAT upholds order directing to pay redemption fine and penalty on re-export of prohibited goods

The Tribunal stated that no court has held that prohibited goods were to be released for re-export without payment of redemption fine. Such a stance would encourage importers smuggling/making improper import of goods, to take a chance with the law and if caught, request for re-export without a fine.

Case Briefs High Courts

Delhi High Court| Importation of gold is a ‘prohibited item’ under Customs Act; Redemption/release subject to discretion of Adjudicating Officer

Importation of gold is a prohibited item within the meaning of Section 2(33) of Customs Act, and that redemption in case of importation of gold that is brought into India illegally in the form of ‘smuggling' does not entitle the owner or importer for automatic release/redemption of such item.

Case Briefs Supreme Court

Can’t let improper imports affect Indian farmers and national economy. “Prohibited goods” liable to absolute confiscation: Supreme Court

“When personal business interests of importers clash with public interest, the former has to, obviously, give way to the latter.”