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Ms. Sophia Gulam Mohammed Bham Vs. the State of Maharashtra and Others

Court : Mumbai

Subject : CustomsCriminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1) and 5-A; Constitution of India - Article 22(5) and 226; Customs Act, 1962 - Sections 108

Reported in : 1999(5)BomCR446; 1999CriLJ2140

has become necessary for us to advert to the show cause notice issued by the detaining authority under section 134 of the Customs Act, 1962, on 6-2-1998, shown in Annexure - F of the compilation of the documents. … they were to be smuggled out of India and hence liable for confiscation under the provisions of the Customs Act, 1962. The dark blue suitcase, the rectangular packet which contained the polyethylene bag with diamonds, the lock and key

State of Maharashtra Vs. Bhailal Rupsi Shah

Court : Mumbai

Subject : Customs

Acts : Central Excise Act; Customs Act, 1962 - Sections 134 and 134(1); Indian Penal Code (IPC), 1860 - Sections 120B; Imports and Exports (Control) Act, 1947 - Sections 5

Reported in : 1991LC34(Bombay); 1991(56)ELT20(Bom)

commission of offence punishable under Section 120-B Indian Penal Code read with Sections 134(a)(i) and (b)(i) of the Customs Act, 1962 and Section 5 of Imports and Exports (Control) Act, 1947.2. Shortly stated, the case against respondents is that

Union of India (Uoi) Vs. Anil Chanana and anr.

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 77, 108, 111, 127B, 132, 133, 134, 135, 135A, 135(1), 136, 137 and 137(3); Customs (Compounding of Offences) Rules, 2005 - Rules 3, 4, 4(1), 4(2), 4(3), 6 and 7

Reported in : 2008(56)BLJR1022; 2008(124)ECC163; 2008(150)LC163(SC); 2008(222)ELT481(SC); JT2008(2)SC1; 2008(1)SCALE688; (2008)4SCC175; 2008AIRSCW1038; 2008(4)SCC175; 2008(1)SCALE688.

passed by Chief Commissioner of Customs (Compounding Authority) compounding the offences under Sections 132 and 135(1)(a) of the Customs Act, 1962.2. On the basis of specific information Anil Chanana-respondent No. 1, who alighted from British Airways' flight from London … 137. Cognizance of offences. -(1) No court shall take cognizance of any offence under Section 132, Section 133, Section 134 or Section 135 or Section 135A, except with the previous sanction of the Commissioner of Customs.(2) No court

State of Maharashtra Through Assistant Collector of Central Excise, Au ...

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 105(1), 108, 111, 123, 132, 133, 134, 135, 135(1), 137 and 137(1)

Reported in : 1988(33)ELT676(Bom)

Judicial Magistrate, Nanded, against the two accused, who are real brothers, for offence under Section 135(1) of the Customs Act, 1962, read with Government of India, Ministry of Commerce and Industry, Import Trade Control Order No. 17 of 1955 … Customs Act. Section 137 provides that no Court shall take cognisance of any offence under Section 132, 133, 134 or 135 of the Act, except with the previous sanction of the Collector of the Customs. This section,

Bijan Halder and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Criminal

Acts : Customs Act, 1962 - Sections 100, 101, 104, 104(1), 104(2), 104(3), 105, 106, 106A, 107, 108, 108(4), 110, 132, 133, 134, 135, 135(1), 135(2), 137, 137(1) and 138; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 57, 132, 162, 167, 167(1), 167(2), 167(3), 167(5), 172, 173, 190(1), 197, 197(2), 197(3), 244, 244(1), 245(3), 254(3), 309, 309(2), 436, 437, 437(1), 437(2), 437(3), 437(4), 437(5), 437(6), 437(7) and 439; ;West Bengal Code of Criminal Procedure (CrPC) (Amendment) Act, 1988 - Section 244(3); ;Code of Criminal Procedure (CrPC) , 1898 - Sections 167 and 344; ;Foreign Exchange Regulation Act, 1973 - Section 35; ;Central Excise Act, 1944; ;Railway Property (Unlawful Possession) Act, 1966 - Section 8(1) and 8(2); ;Evidence Act - Section 25; ;Indian Penal C

Reported in : 1993CriLJ3082

petitioners, who were earlier arrested on the 15th September, 1988 by customs officials under Section 104 of the Customs Act, 1962, were produced before the learned Sub-Divisional Judicial Magistrate, Ranaghat, Nadia and they were remanded to jail custody after … the Customs Act provides that no court shall take cognizance of an offence under Section 132, Section 133, Section 134 or Section 135, except with the previous sanction of the Collector of Customs. Section 138 provides that notwithstanding

Asstt. Collector of Cus., R and I (P) Vs. HussaIn Abbas Shaikh and Oth ...

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 108, 132, 133, 134, 135, 135(1), 137, 137(1) and 161

Reported in : 1992(59)ELT394(Bom)

J. H. Joglekar has sanctioned the prosecution of the accused abovenamed for offences under Section 135 of the Customs Act, 1962. Hereto annexed and marked Exhibit 'A' is a true copy of the said sanction.' 19. From the aforesaid … is as under :- '137(1) No court shall take cognizance of any offence under section 132, section 133, section 134 or section 135, except with the previous sanction of the Collector of Customs.' 22. In the present case

Jethamal Nihal Chand JaIn Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Customs

Acts : Constitution Of India - Articles 132(1) and 134(1)(c); Customs Act, 1962 - Section 135(a)

Reported in : (1970)1SCC730

Customs and Central Excise, Marine and Preventive Division, Bombay for offences under Section 135(a) and (b) of the Customs Act, 1962 and Rule 126 P(1)(i) and (2)(ii), read with Rule 126(1), sub-rule (i) of the Defence of India Rules. … M. HIDAYATULLAH, C.J.1. In this appeal by certificate under Articles 132(1) and 134(1)(c) of the Constitution, the appellant Jethamal Nihal Chand Jain appeals against the judgment of the High Court of

A.T.Maideen Vs. the Senior Intelligent Officer

Court : Chennai

Subject : Custom

Acts : Customs Act, 1962 - Section 107, 108(1), 112, 113, 132, 133, 134, 135; Constitution of India - Article 20(3); Indian Evidence Act, 1872 - Section 24

is made before a Magistrate competent to try the person' guilty of the infraction, under Sections 132, 133, 134 and 135 of the Act. Any statement made under Sections 107 and 108 of the Customs Act, 1962, … 30.11.2011, he had received summons issued by the respondent, in a printed format, under Section 108 of the Customs Act, 1962. In the said summons, it had been stated that the petitioner was connected with the act of smuggling

Thulasiammal and ors. Vs. Joint Secretary to the Government of India

Court : Chennai

Subject : Customs

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3; Constitution of India - Articles 14, 20(3), 22, 22(4) and 134; Constitution (Forty-fourth Amendment) Act, 1978 - Sections 3; Code of Civil Procedure (CPC), 1908 - Sections 13; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Sea Customs Act, 1878 - Sections 171A; Customs Act, 1962 - Sections 108

Reported in : 1987(30)ELT415(Mad)

Act. 6. The next argument of the learned counsel for the Petitioners is that section 108 of the Customs Act, 1962, is ultra vires the provisions of Article 21 of the Constitution. Section 108 reads as follows :- '108(1) … counsel for the petitioners made an oral request for leave to appeal to the Supreme Court, under Article 134 of the Constitution. So far as the validity of the provisions relating to the constitution of the Advisory

Union of India Vs. K. Siraj

Court : Chennai

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(19), 11, 11(2), 28, 47, 51, 100, 101, 102, 103, 104, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 124, 125, 129D, 130, 132, 133, 134, 135 and 135A

Reported in : 1993(44)ECC262; 1993(65)ELT25(Mad)

responsible for the misdeclaration. According to the respondents-appellants, the present summons dated 18-11-1991 under Section 108 of the Customs Act, 1962 by the 4th respondent herein is in connection with the investigation/inquiry of all the above mentioned imports that … in a given case yet there may be sufficient materials for action for punishment under Sections 132, 133, 134, 135 and 135A of the Act on the basis of what is found by the proper officer of