Legal Question in Criminal Law in India

import vehicle

My friend import vehicle for own use thro setting from mumbai shipping port without giving 100 % custom tax duty and witout registration of vehicle my friend is using said vehicle.

What is the offence made if police and custom persons caught my friend.Is this bailable offence or not ? If only fine is made in this offence then what is the amount of fine?

100% custom duty is very high for import of vehicle.


Asked on 3/11/09, 6:23 am

5 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: import vehicle

Kindly consult your lawyer with details.

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Answered on 3/12/09, 2:33 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: import vehicle

You may consult your lawyer with all the details.

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Answered on 3/12/09, 6:19 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: import vehicle

contact a local Sr lawyer

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Answered on 3/12/09, 8:05 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: import vehicle

Last question first : we cannot question the quantum of duty fixed by the government as "very high".

Plying of an imported vehicle without payment of customs duty may constitute "smuggling"; how could be get the vehicle bring on road without payment of duty ?

The local police may also impound the vehicle.

The offence is serious and may visit with criminal liability including a jail term.

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Answered on 3/11/09, 8:33 am
Pranav Desai PD Legal & Associates

Re: import vehicle

It may not be possible to determine fine in this matter. However, apart from fine it is likely that interst may also be added for nonpayment. Further, please note that it is a serious offence to evade tax and it is also liley that if caught the bike may get imnpounded by the custom authorities.

Therefore, I suggest you to visit senior lawyer who is well known for tax related litigation.

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Answered on 3/12/09, 2:21 pm


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