Search Results for "smuggled gold"

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Search Results for "smuggled gold"

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Supreme Court

Supreme Court Refers Conflict Between High Courts on Settlement Commission Jurisdiction Under Customs Act — Personal Liberty and Right to Settle Disputes Under Chapter XIVA of Customs Act, 1962. The Court directed the matter to be placed before the Chief Justice of India due to divergence of opinion between Bombay and Delhi High Courts on whether an accused can approach the Settlement Commission after arrest.

4 May 2023

The present writ petition was filed by Yamal Manojbhai, a Non-Resident Indian (NRI), under Article 32 of the Constitution of India, raising an issue o...

High Court

Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Independent Witnesses Lead to Acquittal Confirmation. Section 108 Customs Act statement retracted on ground of coercion and not corroborated by independent evidence, hence not reliable.

15 Jan 2020

The case involves an appeal by the Union of India against the acquittal of Narendra Ratanchand Jain (respondent no.1) for offences under the Customs A...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Failure to Consider Retraction of Statement and Delay of Over 11 Months in Passing Order Vitiate Subjective Satisfaction Under Section 3(1)(i) of COFEPOSA Act, 1976.

5 May 2017

The petitioner, Gaurav Kanak Jain, challenged a detention order dated 21st November 2016 passed under Section 3(1)(i) of the Conservation of Foreign E...

High Court

Bombay High Court Quashes Preventive Detention Order in COFEPOSA Case for Non-Application of Mind. Detenu in judicial custody; detaining authority failed to consider less restrictive alternatives under ordinary law, rendering detention order invalid.

27 Jan 2016

The petitioner, Mahesh V. Amesur, cousin of Jeetu Shankarlal Chhapru, filed a writ of habeas corpus under Article 226 of the Constitution challenging ...

High Court

Bombay High Court Allows Petitions for Premature Release of Life Convicts in NDPS Act Cases — Held That Detention Beyond 14 Years Without Consideration of Remission Is Illegal. The court directed the state to consider premature release under the remission policy dated 10.02.2010 and Section 433A CrPC.

13 Aug 2015

The petitioners, Bandu Shivaji More, Prashant Krushandev Jadhav, and Satyawan Mahadev Suryavanshi, were convicted for offences under the Narcotic Drug...

High Court

High Court of Karnataka Allows Writ Petition for Release of Seized Gold Due to Non-Issuance of Notice Under Section 124 of Customs Act, 1962 Within Prescribed Period Under Section 110(2). The court held that continued seizure beyond six months without notice under Section 124 is illegal and directed release of gold.

22 Apr 2015

The petitioner, K. Abdulla Kunhi Abdul Rahaman, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnatak...

High Court

Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

1 Aug 2014

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...

High Court

Bombay High Court Upholds Acquittal in Customs and Gold Control Act Case — Prosecution Fails to Prove Possession and Knowledge of Gold Bars Beyond Reasonable Doubt. Circumstantial Evidence of Recovery from Sweetmeat Box Insufficient to Establish Guilt Under Section 135(1)(b)(i) of Customs Act, 1962 and Section 85(1)(ii)(a) of Gold (Control) Act, 1968.

7 Dec 2012

The case arose from a prosecution initiated by the Assistant Collector of Customs, Marine and Preventive Wings, Bombay, against Mohamed Lalik Hussain ...

High Court

Bombay High Court Dismisses Union of India's Petition in Customs Seizure Case — Burden of Proof Under Section 123 of Customs Act, 1962 Not Discharged. The Court held that the Department failed to prove that seized ball bearings were smuggled goods, as the goods were not notified under Section 123 and no evidence of smuggling was adduced.

16 Nov 2005

The Union of India filed a writ petition challenging an order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) dated May 25, 2001,...

High Court

Bombay High Court Allows Loss Deduction for Confiscated Foreign Currency in Income Tax Reference. Foreign currency confiscated by customs authorities under FERA held allowable as business loss under Income Tax Act, 1961, even though treated as undisclosed income.

19 Aug 2005

The case involves an income tax reference by the Revenue against the order of the Income Tax Appellate Tribunal (ITAT) for the assessment year 1982-83...

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