HORIZON FERRO ALLOYS PVT. LTD. AND OTHERS Vs. UNION OF INDIA AND OTHERS
LAWS(P&H)-2016-6-96
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 21,2016

Horizon Ferro Alloys Pvt. Ltd. And Others Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

- (1.) Reply was filed.
(2.) Heard the submissions made by learned counsel appearing for the writ petitioners and the learned counsel appearing for the respondents.
(3.) The first grievance raised in the petition revolves around interpretation of Section 4(2) of the Code. It is contention of the petitioners that the Respondents are not following the procedure prescribed under Section 154, 157, 167, 172 and 177 of the Code, despite absence of any provision inconsistent with the same in the Act. Several orders granting interim protection pending decision on this very issue are already placed on record and referred in the earlier Order dated 13.6.2016. Without prejudice to their contentions on this legal issue, the petitioners have joined the investigations being conducted by the DRI in respect of seizure of Cigarettes and restricted R-22 Gas, which were admittedly imported by the petitioner company by concealment in aluminium scrap and mis-declaration of material particulars in the three Bills of Entry filed at ICD at Ludhiana. The alleged offence is a "cognizable" offence in terms of Section 104(4) of the Customs Act, 1962.;


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