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TypeBare Act JurisdictionCentral Government

Customs Act, 1962 Section 123

Burden of Proof in Certain Cases

~1 min read
https://sooperkanoon.com/act/44956

Bare act section · Research

About this section

Customs Act, 1962 Section 123 is part of Customs Act, 1962 - Burden of Proof in Certain Cases. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

1[(1) Where any goods to which this section applies are seized under this Act in the reasonable belief that they are smuggled goods, the burden of proving that they are not smuggled goods shall be-

( a) in a case where such seizure is made from the possession of any person,-

( i) on the person from whose possession the goods were seized; and

( ii) if any person, other than the person from whose possession the goods were seized, claims to be the owner thereof, also on such other person;

( b) in any other case, on the person, if any, who claims to be the owner of the goods so seized.]

(2) This section shall apply to gold,2[and manufactures thereof] watches, and any other class of goods which the Central Government may by notification in the Official Gazette specify.

________________________

1. Substituted by Act 36 of 1973, section 4, for sub-section (1) (w.e.f. 1-9-1973).

2. Substituted by Act 40 of 1989, section 2, for "diamonds, manufactures of gold or diamonds" (w.e.f. 26-10-1989).

Frequently asked questions

What does Customs Act, 1962 Section 123 provide?

Section Section 123 of the Customs Act, 1962 (Burden of Proof in Certain Cases) is reproduced on this page as part of the Customs Act, 1962. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Customs Act, 1962 Section 123?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Customs Act, 1962 Section 123. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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