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february 1961

Supreme Court of India · 1961-02-03

RANCHHODDAS ATMARAM vs THE UNION OF INDIA.

Citation / case number
SC 1960/67
Court
Supreme Court of India
Petitioner
RANCHHODDAS ATMARAM
Respondent
THE UNION OF INDIA.
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that under Item 8 of Section 167 of the Sea Customs Act, 1878, the Customs authorities can impose a penalty exceeding Rs. 1,000/- for the importation of prohibited goods, as the statute provides alternative penalties. The petitioner, who imported gold valued at Rs. 25,000/-, challenged a penalty of Rs. 5,000/-, arguing it exceeded the maximum limit; however, the Court upheld the penalty, clarifying that the authorities have discretion to choose between penalties. Previous decisions were distinguished as they did not address this specific issue.

RANCHHODDAS ATMARAM vs THE UNION OF INDIA. · Niyam