Search Results for "seized gold"

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Search Results for "seized gold"

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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 Customs Appeals for Lack of Jurisdiction in Confiscation of Foreign-Origin Gold — Failure to Establish Smuggling or Illicit Import Under Customs Act, 1962. The court held that the burden of proof under Section 123 of the Customs Act, 1962, applies only to notified goods, and since gold was not notified, the Department failed to prove smuggling.

20 Mar 2024

The Commissioner of Customs, NS-V, filed three appeals under Section 130 of the Customs Act, 1962, against the common order of the Customs, Excise and...

High Court

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.

20 Apr 2006

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

High Court

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.

11 Oct 2017

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

High Court

Bombay High Court Allows Writ Petition Challenging Illegal Disposal of Seized Gold Jewellery Without Notice and Before Confiscation Order. Customs Authorities Directed to Pay Current Market Value for 1028 Grams of Gold Disposed in Violation of Section 111 of Customs Act, 1962 and Article 300A of Constitution.

21 Dec 2023

The petitioners, Leyla Mohmoodi and Mojtaba Ebrahim Gholami, through their constituted attorney, filed a writ petition under Article 226 of the Consti...

High Court

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.

16 Oct 2018

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...

High Court

Bombay High Court Dismisses DRI Appeal Against Acquittal in Gold Smuggling Case — Conscious Possession Not Proved. Trial Court's acquittal upheld as prosecution failed to establish that respondent had knowledge and control over gold bars recovered from her residence.

12 Dec 2024

The case pertains to a criminal appeal filed by the Union of India (through the Directorate of Revenue Intelligence, DRI) against the acquittal of Smt...

High Court

Bombay High Court Allows Petitioner's Claim Over Seized Gold in Housebreaking Case — Directs Return of 80 Grams Gold to Petitioner on Supurdnama. Court Holds That a Bona Fide Purchaser for Value Without Notice Has a Superior Claim Over Stolen Property Compared to the Original Owner Who Failed to Exercise Due Diligence.

7 Jan 2010

The case involves a criminal writ petition filed by Pandit Digamber Udawant (petitioner) under Article 227 of the Constitution of India read with Sect...

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

Gujarat High Court Orders Release of Seized Goods and Defreezing of Bank Accounts Under GST Act After Expiry of One-Year Limitation Period. The court held that provisional attachment under Section 83(2) and seizure under Section 67(7) of the GST Act cannot continue beyond one year, directing the state to release goods and defreeze accounts.

9 Jan 2026

The petitioner, a partnership firm engaged in trading gold, silver, diamonds, and jewellery, had its premises searched on 09.03.2022 under Section 67(...

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