Search Results for "smuggled gold"

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Search Results for "smuggled gold"

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Supreme Court

Supreme Court Upholds Detention Under COFEPOSA Act for Gold Smuggling Syndicate Kingpin — Non-Application of Mind and Live Link Contentions Rejected. The Court held that the detenu's involvement in smuggling, abetting, transporting, concealing, and dealing in smuggled gold brought all clauses (i) to (iv) of Section 3(1) of COFEPOSA Act into play, and the reference to an NDPS case did not vitiate the detention order.

6 Mar 2025

The appeal arose from a challenge to a preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Ac...

High Court

Madras High Court Dismisses Appeals of Gold Smuggling Accused in Customs Act Case — Confirms Tribunal's Finding of Involvement in Smuggling Conspiracy Based on Documentary Evidence and Circumstantial Links. The court held that the presence of incriminating documents and the modus operandi of using eligible passengers to smuggle gold jewellery established the appellants' involvement in the smuggling network under the Customs Act, 1962.

10 Jan 2025

The case involves 16 Civil Miscellaneous Appeals filed under Section 130(1) of the Customs Act, 1962, challenging a common order dated 24.12.2009 of t...

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...

Supreme Court

Supreme Court Allows Revenue's Appeal in Income Tax Case on Unexplained Investment in Silver Bullion. Section 69A of Income Tax Act, 1961 Applicable Where Assessee Fails to Explain Source of Acquisition of Silver Found in Possession.

20 Sep 2022

The present appeals were filed by the Revenue against the judgment of the Rajasthan High Court which allowed the appeals of the assessee, Prakash Chan...

High Court

Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Corroboration Lead to Acquittal. Section 108 Customs Act statements retracted and not corroborated by independent evidence; prosecution failed to prove possession of smuggled gold beyond reasonable doubt.

15 Jan 2020

The case arises from a raid on 8th January 1991 at the premises of respondent no.1, Oghadmal Hiralal Jain, where five gold bars weighing 583 grams wer...

High Court

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.

8 Jan 2020

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...

Supreme Court

Supreme Court Upholds Preventive Detention Orders Under COFEPOSA for Gold Smuggling — High Court's Quashing Set Aside for Non-Application of Mind Regarding Bail Likelihood. The Court held that the detaining authority must record satisfaction of imminent bail possibility, but service of documents within statutory period is valid.

18 Jul 2019

The Supreme Court of India heard appeals against the Bombay High Court's judgment dated 25.06.2019 quashing preventive detention orders passed under S...

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

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 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.

24 Jan 2014

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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