Customs Act 1962 and under the baggage
rules Rule 7, the appellant could bring such personal
jewellery free of duty. It is further submitted that ... Baggage Rule of 1994 were
superseded by the baggage rule l998. Rule 7 of the
Baggage Rule l998 reads as under:
A tourist arriving
deposing falsely.
7 PW-3 Shri Prabhat Kumar claimed that unaccompanied
baggages which reached the Ports at Bombay were transported
under Bond by Railways ... with entitlement of the passenger to the Concessions in
accordance with Baggage Rules. He further stated that under
Transfer of Residence (TR) Rules, a passenger
Fir No. 199/09 State vs Mohd Masoom & Ors. Page No.1 on 30
failed to
prove beyond reasonable doubt that the cardboard box was the baggage
of the accused only. Ld. Counsel Sh. Sahoo in the written submissions ... officials who had carried out the screening
of the baggage cannot be ruled out and that therefore the accused should
be granted the benefit
doubt that the goods you might
be carrying in your baggage on behalf of Gudman could be
anything other than gold?
Ans. When I carried ... contraband substance
recovered from the above baggage.
37. There are certain other factors brought on record
also which rule out any such criminal intent
that accused was carrying goods in the passenger
vehicle in contravention of Rule 84(4) of DMVR and using the private
vehicle for commercial purpose ... goods in the passenger vehicle in contravention
of rule 84 (4) of Delhi Motor Vehicle Rules as the testimony of witnesses
remain unimpeached. However
have offered his personal search before searching accused/ her
baggage. Non compliance of this basic rule of natural justice has
eroded credibility of prosecution version ... prosecution
version and in these circumstances tempering in samples sent cannot
be ruled out.
FIR No. 140/04 9/11
Further non joining of public
check-in of
the baggage of passengers of international flights is full proof for
security reasons and not only the baggage is thoroughly checked
manually ... Officials etc. then how the baggage was retrieved by
accused himself. That will amount to interference with the rules
and regulations of the airport authority
cannot take benefit of Rule 22 Sub Rule 2 for
limiting their liability for $ 20 per kg. The said Rule is
reproduced as under ... occurred due to loss of baggage.
21.The main stress of the learned counsel for defendant
was on Rule 22 (2) of the Carriage
further the case of customs that check in
baggage of accused was examined and same was
found containing 145 bottles of Chlorpheniramine
Maleate & Codeine ... godown as per rules on
completing formalities. The travel documents of
accused i.e. boarding pass, baggage tag and part of
checked in baggage
