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Hem Chandra JaIn Vs. Union of India (Uoi) and ors.
Allahabad
Mar-19-2004
CriminalCustoms
Constitution of India - Article 226; Customs Act, 1962 - Sections 108; Code of Criminal Procedure (CrPC) , 1973 - Sections 161
2004(2)AWC1853
names as Sanjeev Agarwal and Nirmal Jain. They were served with a notice under Section 102 of the Customs Act, 1962, to the effect whether they would like to be searched in the presence of a Magistrate or a … was held that a statement before a Customs official is not a statement to a police officer under Section 161, Cr. P.C., and hence it is a material plece of evidence which can be used to incriminate a
Tag this Judgment! AI Brief & AskPran Nath Dhawan Vs. Union of India and Another
Delhi
Dec-19-1983
Customs
Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 161, 161(2), 164, 164(2), 167, 227, 228, 239, 240, 244, 245, 245(1) and (2), 246, 397, 397(2) and (3) and 482; Customs Act, 1962 - Sections 11, 107, 108, 111, 123 and 135(1); Evidence Act - Sections 23 and 24 to 27; Constitution of India - Article 20(2)
1984(17)ELT12(Del)
provisions of the special statute would prevail even though the Code of Criminal Procedure is a subsequent statute. Customs Act, 1962 was certainly an enactment for the time being in force within the meaning of sub-section (2) of section … by virtue of section 4(2) of the Code Criminal Procedure, the safeguards provided in the sub-section (2) of section 161 and sub-section (2) of section 164 of the Code of Criminal Procedure would be equally available to such
Tag this Judgment! AI Brief & AskPoolpandi Etc. Etc. Vs. Superintendent, Central Excise and Others Etc. ...
Supreme Court of India
May-14-1992
CustomsCriminalConstitution
Constitution of India - Articles 20(3) and 21; Customs Act, 1962 - Sections 108 and 110; Foreign Exchange Regulation Act, 1973 - Sections 40; Indian Penal Code (IPC), 1860 - Sections 179; Code of Criminal Procedure (CrPC) , 1973 - Sections 161(2)
AIR1992SC1795; 1993(41)BLJR711; [1992]75CompCas504(SC); 1992CriLJ2761; 1992(2)Crimes648(SC); 1994(46)ECC249; 1992(60)ELT24(SC); JT1992(4)SC119; 1992(1)SCALE1114; (1992)3SCC
to the presence of their lawyers when they are questioned during the investigation under the provisions of the Customs Act, 1962 and the Foreign Exchange Regulation Act, 1973 (hereinafter referred as to 'FERA'). There is difference of opinion between … Criminal Appeal No. 476 of 1986 against the judgment of the Delhi High Court allowing the applications under Section 482 of the Criminal Procedure Code, of the respondents, who are represented before us by Mr. Panjwani.3. Mr. … protection under Article 20(3) of the Constitution and the immunity under Section 161(2) of the Criminal Procedure Code. In this background the observations relied upon
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Anil G. Merchant Vs. Director of Revenue Intelligence, Madras and ors.
Chennai
Mar-07-1985
Customs
Customs Act, 1962 - Sections 104, 104(1), 107, 108, 108(3), 110, 135 and 161(2)
1985(20)ELT292(Mad)
customs in an enquiry under section 171-A of the Sea Customs Act corresponding to section 108 of the Customs Act, 1962, the Supreme Court observed : 'Under Section 171-A of the Sea Customs Act, a customs officer has power … if there be one, to be present at the time he is examined. Over-reaching Art. 20(3) and Section 161(2) will be obviated by this requirement. We do not lay down that the Police must secure the services
Tag this Judgment! AI Brief & Askillias Vs. Collector of Customs, Madras
Supreme Court of India
Oct-31-1968
Media and CommunicationCriminal
Evidence Act, 1872 - Sections 25; Customs Act, 1962; Sea Customs Act, 1878 - Sections 104(3); Code of Criminal Procedure (CrPC) - Sections 160, 161, 173 and 190
AIR1970SC1065; 1970CriLJ998; 1985(5)LC2252(SC); 1983(13)ELT1427(SC); [1969]2SCR613
it is dismissed. Customs - validity of statements before Customs Officer - Section 25 of Evidence Act, 1872, Customs Act, 1962, Section 104 (3) of Sea Customs Act, 1878 and Sections 160, 161, 173 and 190 of Criminal Procedure Code,
Tag this Judgment! AI Brief & AskShahnaz Javed Abdul Aziz Shaikh Vs. State of Maharashtra and ors.
Mumbai
Jan-28-2002
Criminal
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1); Customs Act, 1962 - Sections 108 and 112; Indian Penal Code (IPC) - Sections 120B, 489(B) and 489(C); Code of Criminal Procedure (CrPC) - Sections 161; Constitution of India - Articles 22(5) and 226
2002BomCR(Cri)853; 2002CriLJ2242
they appeared to be counterfeit. The said notes having printed value of Rs. 16,80,000/- were seized under the Customs Act, 1962 under a reasonable belief that they were smuggled and liable to confiscation under the provisions Of the Customs … case, a perusal of para 7 would show that copies of the state ment of witnesses recorded under Section 161 of the Cr.P.C. were not supplied to the detenu and there was non-placement of the application made by
Tag this Judgment! AI Brief & AskHarchand Vs. Additional Collector of Customs and ors.
Kolkata
May-03-1979
Customs
Customs Act, 1962 - Sectons 5, 6, 155, 160 and 161; ;Sea Customs Act, 1878 - Sections 13, 15, 29, 65, 77, 78, 137, 160 (3), 163(37), 167(3), 167(7), 167(31) and 167(37); ;Sea Customs (Amendment)Act, 1956; ;General Clauses Act, 1897 - Section 6, 6(4), 6(5), 6(6) and 6(7); ;Indian Tariff Act, 1934 - Section 2; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 476 and 479A; ;Indian Penal Code (IPC) - Sections 193; ;Constitution of India - Article 226 and 226(l)
1981(8)ELT699(Cal)
Roy, J.1. This Rule was obtained on September 24, 1973, against certain orders made upto revision under the Customs Act, 1962 (hereinafter referred to as the said Act) in respect of two consignments as mentioned hereinafter, meant for export … subject to Section 160 (3) of the Sea Customs Act, 1878 as a whole has been repealed and Section 161 of the Customs Act also makes provisions for removal of difficulties. So the steps as taken or initiated
Tag this Judgment! AI Brief & AskUsha Rani, Hyderabad Vs. Government of Andhra Pradesh and ors.
Andhra Pradesh
Apr-16-1993
Criminal
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1); Customs Act, 1962 - Sections 108 and 123
1994(1)ALT(Cri)668; 1994CriLJ112
silver to acid test and found that the silver is of foreign origin. Under Section 123 of the Customs Act, 1962, there is a presumption in favour of the department that the goods seized are smuggled goods and the … (of Cri LJ) : '...... Besides the detenu accepted the allegations against himself in his statement recorded under section 161 of the Cr.P.C. It is true that it may not be a legally recorded confession which can be
Tag this Judgment! AI Brief & AskJogendra Singh Son of Sri Amir Singh and ors. Vs. State of Uttar Prade ...
Allahabad
Jul-04-2006
Criminal
Code of Criminal Procedure (CrPC) - Sections 155(2), 156(3), 161, 176(1), 196, 197, 245, 340, 340, 341, 362, 437 and 482; Customs Act, 1962 - Sections 108, 114(1), 132, 135 and 135(1); Indian Penal Code (IPC) - Sections 120A, 120B, 193, 195, 211, 362, 363, 365, 392, 419, 420, 467, 468 and 479; Prevention of Corruption Act - Sections 13(1) and 13(2); Constitution of India - Article 226
2007(116)ECC53; 2007LC53(Allahabad)
Total declared value of consignments of goods were Rs. 3,19,97,306. The goods were seized under the provisions of Customs Act, 1962, on 15.1.2001. The investigation revealed that one Rajnish Agrawal of Hyderabad was the ring leader and Shri Sanjay … Rajeev Kumar Bajpai but none of them has disclosed the name of these petitioners in his examination under Section 161 of the Code.39. The learned Counsel for the opposite party No. 2 has referred to the written statement
Tag this Judgment! AI Brief & AskP.S. Sadagopachari and anr. Vs. State
Chennai
Dec-06-1965
Criminal
Customs Act, 1962 - Sections 137; Indian Penal Code (IPC), 1860 - Sections 109, 120B, 161, 165, 165-A and 167; Prevention of Corruption Act, 1947 - Sections 5(1) and 5(2); Imports and Exports (Control) Act - Sections 5 and 19; Delhi Special Police Establishment Act, 1946 - Sections 3; Sea Customs Act, 1878 - Sections 167, 167(81), 187-A and 198; Criminal Law (Amendment) Act - Sections 8, 8(1) and 8(3); Code of Criminal Procedure (CrPC) , 1898 - Sections 190, 193, 193(1) and 202
AIR1966Mad432; 1966CriLJ1452
of limitation, this criminal revision case is dismissed.(7) Revision dismissed. Criminal - taking cognizance - Section 137 of Customs Act, 1962, Sections 109, 120B, 161, 165, 165A and 167 of Indian Penal Code, 1860, Sections 5 (1) and 5
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