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High Court of Karnataka Dismisses PIL Challenging Appointment of Special Counsel in Customs and Excise Matters. Rule 9 of Customs (Appeals) Rules, 1982 and Rule 12 of Central Excise (Appeals) Rules, 2001 held not ultra vires.

The petitioner, an advocate enrolled in the Karnataka State Bar Council, filed a Public Interest Litigation in 2014 challenging an endorsement dated 2...

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Bombay High Court Allows Appeal in Central Excise Case: Commissioner's Decision on Nil Duty Binding on Assessing Officer. Duty on DTA Clearances of Fresh Mushrooms by 100% EOU Held Nil Following Commissioner's Order Under Section 3(1) of Central Excise Act, 1944.

The appellant, ECO Valley Farms & Foods Limited, a 100% Export Oriented Unit (EOU) engaged in cultivation, manufacture, and export of fresh/processed ...

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Bombay High Court Upholds Acquittal in NDPS Case Due to Lack of Conscious Possession. Customs Department Failed to Prove Possession of Contraband by Employees in Open Godown.

The appeal was filed by the Assistant Collector of Customs against the acquittal of the respondents for offences under Sections 29, 21 read with Secti...

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Bombay High Court Quashes Withdrawal of Customs Duty Exemption Certificate for Medical Equipment Imported by Cardiologist. Failure to Treat 40% Outdoor and 10% Indoor Poor Patients Free Not Established; Exemption Restored.

The petitioners, Dr. Shashank Bhalchandra Subhedar, a practicing cardiologist, and M/s National Heart Center & Hypertension Clinic, challenged the ord...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind and Non-Supply of Documents. Nephew of detenu successfully challenged preventive detention order under Section 3(1) of COFEPOSA on grounds of procedural irregularities and lack of material evidence.

The petitioner, nephew of the detenu Salma Karolia, challenged a detention order dated 30th September 2014 issued under Section 3(1) of the Conservati...

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Bombay High Court Dismisses Habeas Corpus Petition in Customs Act Detention Case — Detention Held Not Illegal. Petitioner's arrest under Section 104 of Customs Act, 1962 and subsequent judicial custody were lawful; no violation of Articles 14, 21, 22 of Constitution found.

The petitioner, Ankit Ghanshyam Mutha, filed a writ petition seeking a writ of habeas corpus and direction for his release from custody of the Directo...