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Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...

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Bombay High Court Allows Release of Imported Bearings in IPR Suspension Case — Mandamus Issued for Violation of IPR Rules 2007. Customs Authorities Suspended Clearance Without Confiscation Order or Notice Under Rule 7 of IPR Rules, Violating Principles of Natural Justice.

The petitioners, NBU Bearings Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court...

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Supreme Court Holds Police Cannot Seize Immovable Property Under Section 102 CrPC. The expression 'any property' in Section 102(1) CrPC means only movable property, and immovable property cannot be seized by police during investigation.

The Supreme Court in this judgment resolved a long-standing conflict of opinion in the Bombay High Court regarding the interpretation of Section 102 o...

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Supreme Court Upholds Conviction Under NDPS Act for Illegal Transport of Poppy Straw Despite Licence. Breach of Licence Conditions Attracts Section 15(c) for Commercial Quantity, Not Section 26.

The appellant, Gangaram, was the driver of a truck carrying 10 bags of poppy straw weighing 415 kg. He was intercepted by Head Constable Shivshankar o...

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Supreme Court Allows Appeal in Customs Valuation Case — Sequential Application of Valuation Rules Mandatory. Rule 7 and Rule 9 of Customs Valuation Rules, 2007 Cannot Be Applied Without First Considering Rules 4 and 5 for Identical or Similar Goods.

The case involves appeals by M/s. Diyas Mantra Lighting Private Limited and its directors against orders of the Principal Commissioner of Customs (Pre...

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High Court of Karnataka Allows Owner's Petition for Interim Custody of Seized Tractor Under Section 457 Cr.P.C. — Rejection by Lower Courts Set Aside. Vehicle Owner Entitled to Release Pending Investigation Subject to Conditions to Prevent Deterioration.

The petitioner, Vithoba S/o Shantappa Prachandi, is the owner of a tractor bearing registration No.KA-28-NT-019388/2016-17, which was seized by the In...

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Bombay High Court Allows Recovery Suit Against Customs for Wrongful Sale of Goods Held by Court Receiver. Plaintiff entitled to refund of purchase price paid to Court Receiver for goods that could not be delivered due to prior sale by Customs.

The suit was filed by M & H Enterprises Pvt. Ltd. (Plaintiff) against the Court Receiver, High Court, Bombay (Defendant No.1) and the Commissioner of ...