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1984 Supreme(Cal) 230

A.K.SENGUPTA
MANGLA BROS. – Appellant
Versus
COLLECTOR OF CUSTOMS – Respondent


Advocates Appeared:
AMJAD ALI, R.N.BAJORIA, S.K.BAGARIA, S.N.BANERJEE

AJIT KUMAR SENGUPTA, J.


( 1 ) IN this application under Art. 226 of the Constitution the petitioner has challenged the refusal of the respondents to release the goods imported for home consumption under a valid licence without assigning any reason therefor. The facts of the case as appearing from the writ petition are stated hereinafter. The petitioner carries on business of importing and dealing in various types of chemicals, drugs etc. On December 7, 1982 the petitioner imported 1,500 kgs. of AMOXYCILLIN TRIHYDRATE (hereinafter referred to as the said goods) from Spain by air flight. The said import was made under Import Licence No. 2826352 dt. 14-3-80. It has been alleged that the said goods have been imported by the petitioner for Flemming (India) who are actual users thereof. After arrival of the said goods the Bill of Entry for home consumption in the prescribed form was submitted before the Assistant Collector of Customs, Air Cargo Complex (Import), the respondent No. 3. Pending processing of the documents by the Customs Authority, the said goods were removed to bonded warehouse on January 11, 1983. The Customs Authority released the said goods on 22nd February, 1983. As the




























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