that division of performances in the chain of
actions as happens in smuggling of narcotics should also be
taken note of by us. The Addl ... such a case, smugglers. Middleman privies to a single
conspiracy to smuggle and distribute narcotics. The
smugglers know that the middlemen must sell to retailers
Section 3(1) of the Conservation of Foreign Exchange and
Prevention of Smuggling Activities Act, 1974 (52 of 1974)
(for short ... Section
3(1) of the Conservation of Foreign Exchange and Prevention
of Smuggling Activities Act, 1974 (52 of 1974) vide
Government Order, Home Department (Special
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
Customs Act, 1962 , for offence under s. 135 that goods
were smuggled-whether calling such witness at that stage
permissible-whether essential for just decision ... been seized under the Act in
the reasonable belief that they were smuggled goods but no
witness had deposed to such belief. The day after
Grounds for detention-What are
Conservation of foreign Exchange and Prevention of
smuggling Activities Act 1974 SS 3 and 5A-Detention-Grounds
of detention-Communication ... sister and brother under the Conservation of Foreign
exchange and Prevention of Smuggling Activities Act 1974.
On the basis of intelligence reports, the customs
officials
SC2261 (12)
ACT:
Preventive Detention: Conservation of Foreign Exchange
and Prevention of Smuggling Activities Act, 1974 -- Section
3- -Detention order--Can be passed against ... section 3 of the Conservation
of Foreign Exchange and Prevention of Smuggling Activities
Act, 1974 against each of them with a view to preventing
them
India 1950, Article 22(5) - Conservation
of Foreign Exchange and Prevention of Smuggling Activities
Act, 1974 , Section 3(3) -Detenu-Detention ordered for
smuggling ... abetting smuggling of goods-Representation of
detenu against detention-Request of detenu for supply of
copies of statements and documents referred to in grounds
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
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
notorious smuggler based at Dubai. He had
engaged as his agents for smuggling, amongst others, the deceased
Hamza whose cousin he had married and Aboobacker ... settle scores with the first accused and leaked out the information of
smuggling to officials of the Directorate of Revenue Intelligence (DRI).
Acting upon
