TMI Blog1992 (6) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the order passed by the Additional Collector of Customs, Calcutta Airport in Order No. ASA-1985/90 AIU dated 12-3-1991 in terms of which he confiscated the goods in question which are brought as baggage by the appellant. The appellant arrived from Hong Kong on 15-11-1990. He opted for the Red Channel. The case of the Department that pursuant to an intelligence his baggage was searched and I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reported in 1981 (8) E.L.T. 153 (Mad.) = 1981 ECR ID. He also relied on the decision of the Tribunal reported in 1985 (21) E.L.T. 341. Relying on the above decisions he submitted that a passenger can bring any amount or quantity of goods as baggage and the question of bona fide baggage arises only on the free allowance claimed. Otherwise, any goods brought as baggage from outside India, can be cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore in accordance with law. He also stated that the request for re-export cannot be allowed as there is no invoice to show as to whom it has to be exported. He contended that the goods in question are several of different varieties like calculator, compact powder Pang Pang, Card lighter, Pen lighter, ordinary Dot Pen, Cross Ball Pen Refill, Piano Calculator, Parkar Roller Refill etc. In that view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o import the goods into the country, the goods cannot be confiscated. In this case, since the petitioner chose the red channel, it is clear about his intention to declare the goods and the question of contravention of Section l111(d) of the Customs Act, 1962, does not arise. So also there is nothing to show that Section 111(1) of the Customs Act, 1962 is violated. Section 111 can be violated, if t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law. However, the petitioner wanted to re-export the same. At the time of inventory he did not make such a request. It was through a letter dt. 4-3-1991 wherein he made such a request. The re-export of the goods can be ordered only if the goods belonged to a particular person and the particulars of the said person are given by the appellant. The appellant was abroad only for a period of five days ..... X X X X Extracts X X X X X X X X Extracts X X X X
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