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january 1992

Supreme Court of India · 1992-01-21

UNION OF INDIA vs SAMPAT RAJ DUGAR

Citation / case number
SC 1992/77438
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
SAMPAT RAJ DUGAR
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court addressed the interpretation of the Imports (Control) Order, 1955, specifically Clause 5(3)(ii), in relation to the ownership of goods imported under an advance import licence. The Court held that the goods remain the property of the seller until the importer fulfills the conditions of the licence, and if the importer fails to clear the goods, the seller retains ownership and can re-export the goods. The Court also clarified that the cancellation of the import licence does not retroactively affect the legality of the import if it was valid at the time of entry, as per Section 2(26) of the Customs Act, 1962.

UNION OF INDIA vs SAMPAT RAJ DUGAR · Niyam