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2009 (9) TMI 476 - ANDHRA PRADESH HIGH COURT
Jurisdiction of customs - The petitioner is engaged in the manufacture of pharmaceutical products. A show cause notice has been issued. The allegations in the show cause notice are also that the petitioner had fraudulently obtained DEPE licences/scrips from the DGFT by submitting Bank realization certificates, issued by the bankers, as proof of receipt of sale proceeds in the form of foreign remittances, even though the remittances were arranged by unconnected parties into the petitioner’s account. Section 111 of the Customs Act relates to confiscation of improperly imported goods and, under clause (d) thereof, any goods which are imported contrary to any prohibition imposed by or under the Act, or any other law for the time being in force, shall be liable for confiscation. Section 112 relates to penalty for improper importation of goods.
Held that- The writ petitions fail and are, accordingly, dismissed. However, in the circumstances, without costs. After pronouncement of judgment Sri K.V.Satyanarayana Learned Counsel for the petitioner, seeks our leave to prefer an appeal to the Supreme Court. As no substantial question of law, either on the interpretation of the Constitution or of general importance, which needs to be decided by the Supreme Court arises for consideration in these writ petitions, we see no reason to grant leave as sought for. Oral application for leave is rejected.