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april 1998

Supreme Court of India · 1998-04-21

M/S. INDIA STEAMSHIP COMPANY LTD. vs UNION OF INDIA & ANR.

Citation / case number
SC 1986/67127
Court
Supreme Court of India
Petitioner
M/S. INDIA STEAMSHIP COMPANY LTD.
Respondent
UNION OF INDIA & ANR.
Author
S.C. AGRAWAL
Bench
S.C. AGRAWAL,S. RAJENDRA BABU,A.P. MISRA

Judgment text excerpt

The Supreme Court interpreted clause (e) of sub-section (1) of Section 115 of the Customs Act, 1962, which allows for the confiscation of conveyances carrying imported goods found with a substantial portion missing unless the master can account for the loss. The Court held that the appellant-company failed to provide a satisfactory explanation for the shortage of 45,000 cigarettes found missing from the vessel, leading to the conclusion that the goods were likely removed clandestinely. Consequently, the Court upheld the confiscation of the vessel under the Customs Act.

M/S. INDIA STEAMSHIP COMPANY LTD. vs UNION OF INDIA & ANR. · Niyam