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1997 Supreme(Del) 1014

ARUN KUMAR
RAJESH ARORA – Appellant
Versus
COLLECTOR OF CUSTOMS – Respondent


Advocates Appeared:
A.K.VALI, Rajesh Tyagi

Arun Kumar, J.

( 1 ) THE petitioner entered into an agreement dated 30/10/1992 for purchase of a car manufactured abroad with one Rajan Sabharwal, a person of Indian origin. Rajan Sabharwal was settled in Australia for a long period and returned to India on 11/8/1992 with the intention of permanently settling down in this country. The consideration for the car had already been paid abroad. The car was cleared by the customs authorities at New Delhi after payment of the customs duty on 5th June, 1993. The petitioner had obtained the delivery of the car in view of his agreement with Rajan Sabharwal.

( 2 ) ACCORDING to the petitioner he is a dealer in imported cars and there being no restrictions under the rules regarding further sale of the car in question, he approached one S. P. Bagla, a dealer in purchase and sale of imported cars for arranging its further sale. The car had been taken to the premises of S. P. Bagla for this purpose. As ill-luck would have it there was a raid on 11/6/1993 by the Enforcement Directorate at the premises of Bagla and the petitioner s car was also caught in the net. According to the petitioner since then he has been denied possession of the car. The ca




























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