Penalty on import of timber after granting relaxation is unconstitutional: HC

N D Timbers Vs Union of India (Gujarat High Court)

The core question of law which falls for consideration by this Court is whether the levy of five time fees in the form of penalty upon the petitioners on import of timber after granting them relaxation for such import will violate the provisions of Article 19(1)(g) of the Constitution of India, and can such levy satisfy the test of reasonableness of restriction on free trade as prescribed in clause(6) of Article.

Article 19(1)(g) of the Co

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