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2009 (7) TMI 408 - HC - CustomsImport of rough diamonds using forged REP licenses to save premium amount payable on licence available in market - – Statements initially retracted but admission again in another statement indicating knowledge about forged licences – Contents of statements corroborated by voluminous documentary evidence – Statements ignored by tribunal before concluding that mens rea absent – Facts and circumstances pointing to knowledge of licences being forged - Held that the importation of restricted goods under forged REP licences is invalid and void ab initio and liable for absolute confiscation under Section 111(d) of the Customs Act, 1962 – Redemption fine to be sufficient so that persons should not find it profitable to import without proper license - The Tribunal imposed redemption fine at about 3% of the value of the diamonds while Commissioner had directed absolute confiscation of the same. In our considered opinion, ends of the justice would be served if redemption fine is equivalent to 20% of the value of the diamonds. – Diamonds not available for confiscation in case of certain importers and penalty of 2 lac imposed by adjudicating authority, sustainable – Seizure and confiscation assailed on the ground that bills of entry not submitted - In fact, admittedly, parties had submitted replenishment licence of Rs. 32 crore but genuineness of the same was never verified and those licences were not even returned to him. In such circumstances, we find no fault with the findings of the Tribunal that these consignments could not be confiscated. – Further held that Means rea may not be necessary for imposing penalty for contravention of provisions of Custom Act, 1962
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