Notification are meant to incentivise
only for legitimate exports and not those exports, which are illegal or out of
illegal material. It is submitted that ... intended to incentivise
legitimate exports. The idea of the incentivising such exports is to encourage
such exporters, who compete in the international market and bring
nexus between the imposition of restrictions and the avowed object viz., illegal export of silver bullion and coins. The impugned notification indicates the circumstances under ... illegal export and to facilitate detection of such goods likely to be illegally exported. Avowedly, the object of the notification is to prevent illegal export
mentioned that Selvam, Saravanan, Krishnan were involved in the attempted illegal export of prohibited goods i.e., red sander wood logs out of the country ... appellant i.e., the exporter, Chief Executive Officer of M/s. Archana Exporters in whose company's name illegal export was attempted
prohibition on importation and exportation of goods, prevention or detection of illegal export of goods, levy of exemption from customs duties, clearance of imported goods ... said liability is capable of enforcement. In the case of illegal export of the goods contrary to prohibition the effect may be that the liability
Customs Act, 1962, having regard to
the magnitude of illegal export of goods of any class or description, the
Central Government may issue Notification ... prevent “illegal export” of
such goods. As per Section 11 H (a) of the Customs Act, 1962, illegal
export means, export of any goods
respondent.
5. The present is a case where prosecution alleges illegal export of narcotic drugs and psychotropic substances in commercial quantities on the basis ... fact of purchase of the drugs by the accused towards illegal export thereof is sought to be established through confession of A1. Prosecution also relies
Suri Sons, was implicated for having facilitated the illegal export by
allowing his firm to be used in the export documentation process.
Page ... petitioner’s firm in
the chain of events leading to the illegal export of the idols was not
incidental, but an act of deliberate facilitation
petitioners on the reasonable belief that they are meant for illegal export. In response thereto, the learned Standing counsel for the Department has appeared ... Clause (a) of Section 11-H of the Act, defines 'illegal export' to mean the export of goods in contravention of the provisions
hereunder :-
12. Thus, the appellant's role in the attempted illegal export gets established and the goods have been confiscated under Section ... relevant for considering the complicity of the appellant in the admitted illegal export, are culled out hereinbelow :-
The appellant Kishore Nagaarur has an IE code
correct and that the petitioner did not indulge in any illegal exports. The said W.P.No.19105 of 2009 has been filed ... cancellation of the licence.
3.The appellant has not indulged in illegal exports. The allegaion that the appellant has illegally exported musical parts
