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Gujarat High Court Dismisses State's Revision in Essential Commodities Act Case — Proportionality of Confiscation Upheld. Appellate Court's Reduction of Confiscation from 100% to 15% of Seized Stock Found Not Perverse or Illegal Under Section 6B of Essential Commodities Act, 1955.

The State of Gujarat filed a criminal revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challengin...

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Gujarat High Court Dismisses State's Revision in Essential Commodities Act Confiscation Case — Reduction of Confiscation from 50% to 15% Upheld. Appellate court's proportionate reduction of confiscation under Section 7 of Essential Commodities Act, 1955, not interfered with in revisional jurisdiction.

The State of Gujarat filed a criminal revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challengin...

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High Court dismissed Writ Petition Challenging Confiscation of Forest Produce and Vehicle Under Indian Forest Act, 1927. Confiscation Order sustained.

The dispute originated from the confiscation of red sanders logs and a transport vehicle by forest authorities in Maharashtra. The petitioners, transp...

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High Court of Karnataka Allows Writ Petition Quashing Seizure Order Under Section 67(2) of CGST Act Due to Non-Compliance with Mandatory Requirements. Seizure of cash from residential premises of an employee without proper authorization and recording of reasons held invalid, cash ordered to be returned.

The petitioners, B. Kusuma Poonacha and J K Manjunath, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High C...

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High Court of Bombay at Goa Allows Customs Appeals in Gold Smuggling Case Due to Lack of Evidence and Procedural Violations. Confiscation of Gold and Imposition of Penalties Set Aside for Failure to Prove Smuggling Beyond Reasonable Doubt.

The case involves five appeals filed by Ciabro Alemao (through legal representatives), Joaquim Alemao, Churchill Alemao, Anthony John Rodrigues, and S...

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Bombay High Court Allows Appeal in Customs Duty Recovery Case — Customs Authorities Cannot Recover Duty Dehors Sections 28 and 125 of Customs Act, 1962. Duty on Confiscated Goods Not Recoverable When Redemption Option Not Exercised.

The Bombay High Court, in an appeal under Section 130 of the Customs Act, 1962, considered two substantial questions of law: whether customs authoriti...

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Bombay High Court Dismisses Heirs' Challenge to Gold Seizure and Penalty Under Gold (Control) Act, 1968 — Upholds Tribunal's Finding of Possession of Primary Gold Without Permit. Burden of Proof on Possessor Not Discharged; Penalty of Rs. 5,000 Upheld as Within Statutory Limits.

The petitioners, heirs of late Ramratan Shrivallabh Chandak, filed a writ petition challenging an order dated 28th February 1986 passed by the Customs...

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Bombay High Court Allows Custody of Seized Truck in Excise Case — Modifies Onerous Condition of Bank Guarantee Under Section 457 CrPC. Truck Owner Not Required to Furnish Bank Guarantee for Full Value; Reasonable Conditions to Be Imposed.

The applicant, Jilani Nasiruddin Gore, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging the order of ...