Saturday, 20 September 2014

Penalty under Rule 96ZO can be lesser than duty; mandatory penalty equivalent to duty is unconstitut

Excise & Customs : Rules 96ZO(3), 96ZP and 96ZQ, up to extent of providing for mandatory minimum penalty without mens rea and without any element of discretion, are excessive and unreasonable restriction on fundamental rights and are, accordingly, ultra vires Act and Constitution


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