into the
country by tourists and have been imported under
permitted baggage rules. It is claimed that the trademark
Zippo is well-known to Indian ... country
regularly by tourists or have been imported under permitted
baggage rules. He has further stated that the goods of the
CS(OS)No. 1355
motor vehicle to a purchaser without registration, whether
temporary or permanent. Rule 47 stipulates as follows :
47 Application for registration of motor vehicles ... case of imported vehicles other than
those imported under the Baggage Rules, 1998, the
procedure followed by the registering authority shall be
same as those
Customs Act, 1962, read with Rule 9 of the Baggage Rules, 1978, framed under Section 79(2) of the Customs
there is a
violation of the Sales and Goods Act and
Baggage Rules of India. Ultimately it is
alleged "that the car was sold
rules contained in the second schedule to the Act to
all carriages by air (not being an international carriage) and also modified
several rules ... delay in the carriage by air of passengers,
baggage or cargo."
22
22. Rule 134 of the Aircraft Rules 1937 provides that no person
international.
20) The First Schedule to the Act , vide Rule 1, provides that the rules
under this Schedule shall apply to all international carriage ... convention. Sub-Rule 3
defines international carriage. Rule 18 provides for liability of the
carrier for damages. Rule 19 provides for liability of the carrier
liability under Section 5(1) , read with the relevant Rules of the
Third Schedule, particularly Rules 17 and 21, ie., the quantum of
compensation payable ... carrier admits the loss of the
checked baggage, or if the checked baggage
has not arrived at the expiration of twenty-one
days after
later on amended entitling the passengers to
claim their baggage without paying for the excess baggage for the sector
Bombay-Lagos; that the petitioner though ... baggage as Lagos and owing whereto the
baggage reached in the Transit Baggage Area of the Bombay Airport. It is
contended that without the petitioner
Fir No. 199/09 State vs Mohd Masoom & Ors. Page No.1 on 30
doubt that the goods you might
be carrying in your baggage on behalf of Gudman could be
anything other than gold?
Ans. When I carried ... contraband substance
recovered from the above baggage.
37. There are certain other factors brought on record
also which rule out any such criminal intent
