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january 1970

Supreme Court of India · 1970-01-23

BECKER GRAY & CO. (1930) LTD. & ORS. vs UNION OF INDIA & ANR.

Citation / case number
SC 1967/142
Court
Supreme Court of India
Petitioner
BECKER GRAY & CO. (1930) LTD. & ORS.
Respondent
UNION OF INDIA & ANR.
Bench
BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court held that penalties imposed under Section 167(8) of the Sea Customs Act for contravention of Section 12(1) of the Foreign Exchange Regulation Act, 1947, were unjustified. The Court found that the defects in the declarations made by the appellants did not amount to a contravention of Section 12(1), as established in the precedent case of Union of India v. M/s. Rai Bahadur Shreeram Durga Prasad Ltd. The Court clarified that incorrect declarations under the rules do not constitute a breach of Section 19 of the Sea Customs Act, thus invalidating the penalties imposed.

BECKER GRAY & CO. (1930) LTD. & ORS. vs UNION OF INDIA & ANR. · Niyam