VidhiSangh

Supreme Court of India · 17/06/2021

UNION OF INDIA & ORS. versus M/S. RAJ GROW IMPEX LLP & ORS.

[2021] 12 S.C.R. 371 · 2021 INSC 307

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Summary

Following Agricas, importers sought release of peas and pulses brought in without licences and beyond notified quotas under interim court orders. The Supreme Court held these to be prohibited goods and found that redemption for domestic sale would defeat the restrictions protecting farmers and the domestic market. It set aside the High Court's release orders, approved the appellate confiscation and penalties, and allowed a two-week option to seek re-export on payment of the requisite fine and statutory dues. Without that option being exercised, absolute confiscation followed.

Issues

  1. Whether imports contrary to licensing and quantitative restrictions were prohibited goods.
  2. Whether redemption for domestic sale was a lawful exercise of discretion on these facts.
  3. Whether the High Court could direct release while leaving the statutory appeal undecided.

Provisions considered

Held

Result

Union appeals allowed; High Court release orders set aside and original redemption orders quashed. Appellate confiscation and penalties approved, subject to the two-week re-export option; Rs.2 lakh costs payable by each respondent-importer. Interveners retained only quantum-related appeal options.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 371.