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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR JUSTICE ABDUL QUDDHOSE, J
Askar Sea Shel lMerchant – Appellant
Versus
Principal Chief Conservator of Forests and Chief Wildlife Warden – Respondent
ORDER :
This writ petition has been filed aggrieved by the impugned order passed by the 1st respondent refusing to grant No Objection Certificate for clearance of the petitioner's containers imported under Bill of Entry No.7095539 dated 07.12.2024.
2. The petitioner has challenged the impugned order on the ground that the said order has been passed without jurisdiction and in violation of principles of natural justice. The petitioner has sought for a consequential direction to the 3rd respondent to release the seized goods.
3. The petitioner has imported Conch Shell under Bill of Entry No.7095539 dated 07.12.2024. According to the petitioner, despite the 3rd respondent having seized the goods and the customs duty having already been paid, the consignment of the petitioner was referred to the 2nd respondent. According to the petitioner, the 2nd respondent had thereafter, referred the same to the 1st respondent for further clarification with regard to the imported goods of the petitioner. According to the petitioner, as per the Customs Tariff Act, there is no prohibition for importing the aforesaid goods and as per the import policy, goods are freely importable. The petitioner also clai
The court emphasized adherence to natural justice principles, ruling that the impugned order was non-speaking and lacked justification for prohibiting the imported goods.
The Wildlife (Protection) Act permits trade of certain imports without prior approval if classified under free categories, imposing a requirement for licenses strictly for commercial activities, ensu....
The main legal point established in the judgment is the requirement to comply with the statutory provisions and principles of natural justice, as outlined in section 124 of the Customs Act and Rule 1....
Exercise of inherent power under Section 482 CrPC is an exception but not a rule
Point of law: When the goods are recovered from a person who is not proved to be the importer of the goods and claims to be a purchaser of the imported goods, onus is always on the customs authoritie....
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