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2011 (6) TMI 554 - CESTAT, MUMBAIConfiscation of goods - goods seized on the ground that they have violated Copyright Act 1957 - Counsel submitted that allegations made against them are regarding infringement of provisions of Section 51 (a) & (b) of Indian Copyright Act, 1957 and 11(2) (n) & (u) of the Customs Act,1962 read with Section 113(d) of Customs Act, 1962. The contention is that the said provisions relates to import of goods. Section 53 of Copyright Act, 1957 also relates importation of infringing copies – Held that:- provisions of law invoked in this case i.e Section 51(a) & (b) of the Copyright Act, 1957 and the notification issued under the provisions of Section 11 (2) (n) & (u) relates to goods which are prohibited to be imported issued under Section 53 of the Copyright Act, 1957 which also relates to importation of infringing copies. The department could not produce anything contrary to the above. Commissioner's order is not sustainable in law. The same is set aside and the appeals is allowed.
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