Smuggled Goods-Restrictions on importation of gold Seizure
of gold on reasonable belief that it was smuggled-Burden of
proof that it was not smuggled ... were
seized, under that Act in the reasonable belief that they
were smuggled goods, the burden of proving that they were
not smuggled goods shall
effectiveness
as an instrument for the prevention of smuggling would be
entirely frustrated if a condition were to be read into the
sections qualifying ... State of Maha-
rashtra, contends that the Act was enacted to prevent
smuggling of gold in the interests of the economic stability
of the country
SC2083 (5)
ACT:
Smuggled Goods-Goods Seized by the police-
Delivery of goods to customs authorities-
Prosecution for offence under Sea Customs Act-Onus ... ground that the gold was smuggled and that the
appellants, did the acts specified in that section
knowing that the gold was of that character
gold,--who is--Inference
from possession of gold held to be smuggled--Positive
finding as to being concerned in illegal importation,
necessity for recording.
HEADNOTE ... number of gold bars held to be smuggled were recovered
from the person of the appellant. The Collector of Central
Excise and Land Customs ordered
INDIA AND OTHERS
DATE OF JUDGMENT:
13/11/1961
BENCH:
ACT:
Smuggled Goods-Confiscation by Collector of
Customs-Evidence-If direct evidence essential-
Interference ... information
that the gold which was being melted was believed
to be smuggled, the customs authorities made some
enquiries at the refinery and seized
penalty imposed--if bars
prosecution--Dealing in Gold proved to be smuggled--If
against the law-- Indian Evidence ... HEADNOTE:
Smuggled gold recovered from the appellants was
confiscated and a penalty imposed on them. Thereafter the
appellants were tried and convicted under
Customs
authorities to take the view that the best way to check
smuggling was to impose deterrent fines whenever those
offences were discovered and proved ... alleged that the said statement showed that gold
could be smuggled by a smuggler without the knowledge of the
master and the owners
Assam Government
of persons suspected or confirmed to be connected with
smuggling activities--Nature of document--If could be relied
on for settling civil rights ... Assam of persons suspected
or confirmed to be connected with 'smuggling activities so
that no permit or license may be granted to such person
goods mentioned in the
section and reasonably believed to have been smuggled were
seized, the burden of proving that they were not so, was
void ... country's economic stability. It is: intended
to prevent smuggling in goods and such goods may be of large
value. A small fine
goods mentioned in the section and reasonably believed to have been smuggled were seized, the burden of proving that they were not so, was void ... country's economic stability. It is intended to prevent smuggling in goods and such goods may be of large value. A small fine
