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2016 (8) TMI 971 - HC - CustomsValidity of statutory provisions - Imposition of penalty on company and directors - section 11(2) of the Foreign Trade (Development and Regulation) Act, 1992 – section 11(3) of the act - Article 14 of the Constitution of India – statutory guidelines – vesting of discretionary power in the executive to impose penalty but with certain safeguards – Held that: - various acts makes detailed provisions for the Central Government to lay down a foreign policy and conditions for import and export. In view of the complex requirements of foreign trade and import export policy, the executive would have to have sufficient powers to control contraventions of essential conditions of import export restrictions. The contravention could be of various kinds and of range of provisions beginning with mere technical breaches of procedural provisions or could be wholly malafide, fraudulent and with intention to evade duty. All such cases cannot be put in the same bracket. Thus, the legislature while in view of such situation has granted discretion to the executive, at the same time, provided for sufficient guidelines and safeguards so that such discretion does not convert into arbitrary or discretionary exercise of powers – petition disposed off – decided against petitioner.
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