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Bombay High Court Dismisses Appeal by Union of India Against Acquittal in Customs Gold Smuggling Case. Failure to Examine Material Witnesses and Prove Smuggled Origin of Gold Leads to Upholding of Acquittal Under Customs Act, 1962.

The case involves an appeal by the Union of India against the acquittal of the respondent-accused for offences under the Customs Act, 1962 and the Imp...

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Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

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High Court of Karnataka Declares Police Interference in Gold Loan Business Arbitrary and Violative of Fundamental Rights. Writ of Mandamus Issued Restraining Police from Seizing Pledged Gold Articles, Allowing Only Examination by Summoning.

The petitioner, Muthoot Finance Limited, a company incorporated under the Companies Act, 1956, engaged in the business of gold loans, filed a writ pet...

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Bombay High Court Allows Petition in Customs Case — Redemption Fine and Penalty Reduced for Import of Used Personal Effects. Gold chain with diamond pendant held to be 'personal effects' under Baggage Rules, 1998, entitling duty-free import.

The petitioner, a US citizen of Indian origin, arrived in Mumbai on 6th May 2007 from New York. He was wearing a gold chain with a pendant embedded wi...

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Bombay High Court Dismisses Revenue's Writ Petition in Customs Smuggling Case — CEGAT Order Upheld for Lack of Evidence. Confiscation of Foreign Currency Set Aside as Revenue Failed to Prove Smuggling or Fraudulent Procurement of Currency Declaration Form Under Customs Act, 1962.

The Union of India, through the Commissioner of Customs (Preventive), Mumbai, filed a writ petition under Articles 226 and 227 of the Constitution of ...

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Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Prosecution Fails to Prove Seizure Beyond Reasonable Doubt. Recovery of Foreign Marked Gold Bars from Accused Not Established Due to Lack of Independent Panch Witnesses and Contradictions in Evidence.

The case pertains to an appeal filed by the Union of India through the Assistant Collector of Customs against an order of acquittal dated 4-10-2001 pa...