Q. Whether Peas And Pulses, Which Were Imported In Violation Of The Notifications Of The Central Government And The Director General Of Foreign Trade Issued Under The Foreign Trade (Development And Regulation) Act, Are Liable To Absolute Confiscation Under Section 125 Of The Customs Act As "prohibited Goods" ?

A. YES

 RELEVANT CASE LAW:

UNION OF INDIA VS RAJ GROW IMPEX LLP AND OTHERS

Citation : LL 2021 SC 271

NOTE: The Court granted a relaxation by allowing re-export of the goods on payment of the necessary redemption fine and subject to the importer discharging other statutory obligations.

A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari observed :

"...the personal interests of the importers who made improper imports are pitted against the interests of national economy and more particularly, the interests of farmers. This factor alone is sufficient to find the direction in which discretion ought to be exercised in these matters. When personal business interests of importers clash with public interest, the former has to, obviously, give way to the latter"

IMPORTANT APEX COURT UPDATES THIS WEEK

Q. Which Of The Following Are Correct ?

1. A Bench of Justices Ashok Bhushan and MR Shah this week reserved the judgment in the pleas filed before Supreme Court seeking ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19.
2. Senior Advocate SB Upadhyay appearing on behalf of the Petitioner Reepak Kansal, submitted to the Court that the Centre cannot use financial constraint as a ground to not meet its constitutional obligations.
3. In an Affidavit filed recently, the Union of India has informed the Supreme Court that payment of ex-gratia to all deceased persons due to COVID-19, is beyond the fiscal affordability of the State Governments, as the finances of State Governments and the Central Government are under severe strain, due to the reduction in tax revenues and increase in health expenses on account of the pandemic.
4. ALL ARE CORRECT

A. 4

Q. What Are Correct Of The Following?

1. Ahead of the hearing in the suo moto COVID case on June 30, the Central Government has filed an affidavit in the Supreme Court, in the light of several issues flagged by the Court with respect to the earlier vaccination policy.
2. As directed by the Court, the Centre has given details about the projection of vaccine availability from five approved vaccines - Covishied, Covaxin, Bios E Sub Unit Vaccine, Zydus Cadilla DNA vaccine and Sputnik V.
3. 186 to 188 crore doses of vaccines will be required for the double-doses to the eligible population of 93-94 crores above the age of 18 years. Out of this, 51.6 crore doses would be made available by July 31. Between August 2021 and December 2021, a total of 135 crore vaccines will be available in India, the Centre estimated.
4. From the figures and tables given, Centre is aiming to complete the vaccination for the entire eligible population by the end of 2021.
5. ALL ARE CORRECT

A. 5

Q. What Are Correct About Kerala Assembly Ruckus Matter Controversy?

1. The State of Kerala has filed a special leave petition in the Supreme Court seeking the withdrawal of criminal cases against six prominent CPI(M) members for the ruckus and vandalism caused in the Kerala Legislative Assembly in 2015.
2. The SLP is filed against the March 12 judgment of a single bench of the Kerala High Court which had dismissed the state's revision petition against the refusal of Chief Judicial Magistrate, Thiruvananthapuram, to allow the withdrawal of prosecution in these cases under Section 321 of the Code of Criminal Procedure.
3. In the plea before the Top Court, the Kerala Government say that the acts happened during a protest staged against the presentation of budget by the then Finance Minister KM Mani, who was facing allegations of involvement in bar-bribery scam.
4. ALL ARE CORRECT

A.4

Q. Which Of The Following Are Correct ?

1. In connection with the Narada hearing, the state of West Bengal this week told the SC that it was not even given a copy of CBI's letter to the Calcutta HC CJ, that the HC had stated that it shall hear only the recall applications first and not the matter on merits
2. and that it sends out a wrong message that while the CBI can file it affidavit without any application, the state is required to file one to have its affidavit taken on record.
3. The Supreme Court directed the State of West Bengal, West Bengal Chief Minister Mamata Banerjee, and the State Law Minister Moloy Ghatak - who are challenging the refusal of the Calcutta High Court to accept their affidavits filed in the Narada case - to file an application before the High Court stating the reasons for not filing such affidavits earlier.
4. ALL ARE CORRECT

A.4

Q. What Is Correct Update About MP Navneet Kaur Rana 'MOCHI' Controversy?

1. In a relief to MP Navneet Kaur Rana, the Supreme Court this week stayed the Bombay High Court judgment which had set aside her caste certificate.
2. Since she had won from a seat reserved for the Scheduled Castes, the High Court judgment could have affected her election to the Parliament. She had contested election by claiming to be a member of 'Mochi' scheduled caste.
3. A vacation bench comprising Justices Vineet Saran and Dinesh Maheshwari stayed the operation of the High Court judgment while issuing notice on the special leave petition filed by her against the High Court judgment
4. ALL ARE CORRECT

A.4