M/S.Crystal Trades vs The Commissioner Of Customs on 10 June, 2009
21. In reply to the arguments advanced by the learned Senior Counsel for
the petitioners, the learned Standing Counsel would submit that since the
licences have been issued under the Foreign Trade Development Regulation Act by
the Director General of Foreign Trade, the same could be cancelled only under
the said Act and the authorities functioning under the Customs will not have the
jurisdiction to deal with the said licences. For this contention, it is
submitted that in a judgment of a Division Bench of this Court in W.P.Nos.4320
to 4321 of 2002 dated 01.10.2002 in Adani Exports Ltd., Vs. UOI, this Court has
categorically held that both the authorities will have jurisdiction to deal with
a licence when violations had been committed in respect of the said licence
which are actionable under both the enactments.