Anis Modh Akhtar Motiwala vs Union of India

These two petitions impugned concurrent orders and which have been made by the authorities under the Customs Act, 1962. The petitioners were apprehended at the International Airport and on examination of their baggage, goods were recovered. The goods brought by the passengers were imitation of reputed brands and, therefore, the import being prohibited goods were confiscated absolutely. The penalty of Rs. 5,000/- each was imposed.

In both petitions, the only argument is that the authorities ''ought to'' have given an option to the petitioners to redeem the goods. Eventually, these goods have been brought not for any commercial venture or sale but for the purposes of use of the family members and close friends. All the authorities found that the goods and considering their quantity can never be said to be brought for personal consumption or use. If they were imitation articles or goods and the quantity was like 40 Sunglasses, 40 pairs of gents shoes, 30 pairs of ladies shoes, 30 wallets and there was an admission that the goods are brought for sale in India, then, all the more the conclusion reached and concurrently cannot be said to be perverse or vitiated by any error of law apparent on the face of the record. The writ petitions are devoid of any merits, frivolous and wastage of precious judicial time. They are dismissed with costs quantified at Rs. 25,000/-. The costs be tendered within four weeks to the respondents.