conduct of the alleged owner
determinative of legal inference regarding smuggled nature
of goods.
HEADNOTE:
The preventive officers of the Customs Deptt. recovered from ... Deptt. had not
discharged, its burden of proof .that the goods were
smuggled goods.
Allowing the appeal,
HELD : (1) The propriety and legalityof the Collector
Code of Civil Procedure -Anti Corruption Bureau seized
smuggled gold from the house of the accused-police-If had no
jurisdiction to take cognizance.
Customs ... Scope of-Burden of proof that
gold seized is no smuggled gold-on whom rests.
Words and phrases-"Acquired possession" or "Keeping
Conservation of Foreign Exchange and Prevention of
Smuggling Activities Act, 1974 -S- 3(1) Scope of,`- S. 8(b) -
Constituational safeguards embodied ... Conservation of Foreign Exchange an(1) Prevention of
Smuggling Activities Act, 1974 with a view to prevent him
from smuggling goods. Two representations made
Customs Act, 1962 , Section 123 sub-section (1) and (2)
-Seizure of smuggled goods prior to notification under sub-
section (2) -Presumption under sub-section ... seized
under this Act in the reasonable relief that they are
smuggled goods, the burden of proving that they are not
smuggled goods shall
India Rules 1962-r. 126 P. (2) (ii) if applies to
smuggled gold.
HEADNOTE:
The appellant was prosecuted for possession of gold bars of
foreign ... this Court that (i), r.126P(2)(ii) could
not apply to smuggled gold consistently with the view that
declaration of non-ornament gold
Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, called the COFEPOSA)", issued ... Customs Department. In or about July 1979, the detenu attempted to smuggle gold, but he was not successful. Calls booked by the detenu to various
order--If can be
justified as for maintenance of essential
supplies--'Smuggling' if can prejudice public order--'Public
Order', scope ... first ground of detention was a
case of inter-state smuggling of essential commodities. The
other facts mentioned, in addition to smuggling in the
ground
habeas corpus, issuance of- Conservation of
Foreign Exchange and Prevention of Smuggling Activities Act,
1974 , Section 3-Concept of grounds of detention explained-
Filing ... Section 3(1)
of the Conservation of Foreign Exchange and Prevention of
Smuggling Activities Act, 1974 and issued by the second
respondent a Deputy Secretary
distinction.
HEADNOTE:
The respondents were charged with the offence of
attempting to smuggle out of India 43 silver ingots in
violation of the Foreign Exchange ... Customs officials and
that therefore they were guilty of attempting to smuggle
silver out of India.
The respondents pleaded that they were not aware
Customs
officer has power in an enquiry in connection with the
smuggling of goods to summon any person whose
attendance he considers necessary, to give ... person who is suspected or believed
to be concerned in the smuggling of goods. But a person
arrested by a Customs officer because
