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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 Appeal by Union of India in Customs Gold Confiscation Case — Confessional Statements Under Section 108 of Customs Act, 1962 Are Admissible Evidence and Cannot Be Discarded Without Proof of Coercion.

The case involves an appeal by the Union of India and the Commissioner of Customs (Prev.) against an order of the Customs, Excise and Service Tax Appe...

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Supreme Court Set Aside Conviction Under Sections 120B and 411 IPC — Ordered Return of Seized Gold Bars to Appellant. Acquittal of Co-Accused Upheld — Failure to Prove Seized Gold Was Stolen Property — Reasonable Doubt Favored Accused

Constitution of India (COI) — Article 21 — Right to Fair Trial — Burden of Proof on Prosecution — Chain of Circumstances Must Be Complete. In...

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Bombay High Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Failure to Prove Chain of Circumstances Beyond Reasonable Doubt. Conviction under Sections 302 and 394 IPC Set Aside Due to Lack of Motive, Last Seen Evidence, and Recovery of Articles.

The appellant, Pramil @ Premanand Rao, was convicted by the trial court under Sections 302 and 394 of the Indian Penal Code, 1860 for the murder and r...

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High Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Establish Complete Chain of Circumstances, Particularly with Recovery of Gold Chain Lacking Corroboration.

The appeal arose from a conviction under Section 302 of the Indian Penal Code, 1860, where the appellant was sentenced to life imprisonment for murder...

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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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Landmark Legal Analysis: Reporting Obligations in Seizure Orders. Navigating the Legal Landscape of Seizure Reporting: An In-Depth Examination and Clarification

Presents an appeal case stemming from an impugned order dated 09.08.2023, wherein the High Court of Madras allowed the claim of the Respondents-accuse...

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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...