PRATIBHA PROCESSORS Vs. UNION OF INDIA
LAWS(SC)-1996-10-1
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on October 11,1996

PRATIBHA PROCESSORS Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Paripoornan, J. - (1.) Leave granted in all the special leave petitions.
(2.) In this batch of 31 appeals a common question of law arises for consideration. It is regarding the interpretation to be placed on Section 61(2) of the Customs Act (hereinafter referred to as the Act). The High Court of Bombay dismissed a batch of 36 writ petitions in the matter by a common judgment dated 19 th November, 1992. The question that arose for consideration was possed thus:- "On importation of goods under OGL if the importers had kept the same in the warehouse under Section 59 of the Act and after expiry of statutory period of three months if they clear the goods under the Advance Licence issued under DEEC Scheme, whether such importers are liable to pay interest on the amount of duty which was assessed and ascertained on the date of warehousing until the goods is cleared under Section 68 of the Act (excluding the free period of three months)."
(3.) Writ Petition No. 1854 of 1991 was treated as the main case. The facts in the said case were adverted to in detail. The judgment in the said case was followed in all other cases, including Writ Petition Nos. 1908 of 1991, 1958 of 1991 and 3145 of 1991. The three appeals C. A. Nos. 2416-2418 of 1993 are preferred against the judgments in the said writ petitions. For convenience sake the facts relevant to Writ Petition No. 1854 of 1991 (the main judgment) will be adverted to since the facts are almost identical in all the other cases.;


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