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Noor Mohammad Wali Bhai Tajwala Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3, 3(1) and 7; Customs Act, 1962 - Sections 108 and 110; Constitution of India - Articles 14, 22(5) and 226

Reported in : 1995CriLJ1720; 1995(2)WLC570

silver. Therefore, the Custom Officers seized the silver, Maruti Van and packing material under Section 110 of the Customs Act, 1962 under a reasonable belief that it was liable to be confiscated under the provisions of the Customs Act, … R.R. Yadav, J.1. By this Habeas Corpus Writ Petition under Article 226 of the Constitution of India, the petitioner detenu Noor Mohammed Wali Bhai Tajwala calls in question his detention

Mount Shivalik Breweries Ltd. Vs. Union of India (Uoi)

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 17, 22, 22(3), 23(1) and 47

Reported in : 2003IIAD(Delhi)228; 103(2003)DLT78; 2004(72)DRJ789; 2003(157)ELT9(Del)

not carried out under the customs supervision and no action had been taken under Section 22(3) of the Customs Act, 1962 (for short `the Act'). Feeling aggrieved, the petitioner preferred an appeal before the Appellate Collector of Customs, Bombay,

All India Glass Manufacturers

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Section 130-E, 22, 14, 12, 46, 17

Reported in : AIR1992SC705; (1992)94BOMLR887; 1991LC161(SC); 1991(55)ELT5(SC); JT1991(3)SC401; 1991(2)SCALE317; (1991)4SCC357; [1991]3SCR513

alleged inferior nature of goods was discovered after clearance.4. This appeal is filed under Section 130-E of the Customs Act, 1962 against the order of the Tribunal dated October 26, 1989.5. The question involved in the present appeal is … Collector was not satisfied as to the extent of deterioration of the goods before clearance as provided by Section 22 of the Customs Act and rejected the refund application vide order dated July 19, 1982. 3. The appeal preferred

Commissioner Customs Department Vs. Smt. Nirmala Mitra

Court : Patna

Subject : CustomsLimitation

Acts : Customs Act, 1962 - Sections 130A; Limitation Act, 1963 - Sections 5 and 29(2)

the matter be placed for further consideration on question of admission. Nagendra Rai, J.--I agree. Order accordingly. (A) Customs Act, 1962, Section 130-A - Indian Limitation Act, 1963, Sections 29(2) and 5--Applicability of provisions to condone the delay--Application filed under … the Additional Central Government Standing Counsel, a draft was prepared and finally the present matter was filed on 22.1.2002. According to the petitioner, an application seeking reference could have been filed within 180 days from the date

Noor Aga Vs. State of Punjab and anr.

Court : Supreme Court of India

Subject : NarcoticsConstitution

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 8, 9, 22, 23, 25, 35, 37, 37(1), 39, 42, 43, 50, 51, 52, 52A, 52A(1), 52A(2), 52A(4), 53, 53(1), 53(2), 53A and 54; Customs Act, 1962 - Sections 108, 108(4), 100(1B), 110, 110(1), 110(1A), 110(1B), 111, 123, 135, 138B, 138B(1), 180 and 184 ; Evidence Act - Sections 25, 113A, 113B and 114; Indian Penal Code (IPC) - Sections 26, 193 and 228; Human Rights Act, 1998 - Sections 3; Misuse of Drugs Act, 1971 - Sections 28, 28(2) and 28(3) ; Misuse of Drugs Act, 1975 - Sections 6(6); Dangerous Drugs Act, 1986; Negotiable Instruments Act, 1881 - Sections 118 and 139; Foreign Exchange Regulation Act, 1973 - Sections 18(2) and 18(3); Prevention of Corruption Act; Terrorist and Disruptive Activities (Prevention) Act, 1987; Road

Reported in : 2008(56)BLJR2254; 2008AIRSCW5964; 2008(4)LH(SC)2896

at Raja Sansi Airport at about 6 p.m. on 1.08.1997. He presented himself before the authorities under the Customs Act, 1962 (for short 'the Customs Act') for customs clearance. He was carrying a carton with him said to be … and whereunder an appeal filed by the applicant against the judgment of conviction and sentence dated 7.6.2000 under Section 22 and 23 of the Act has been dismissed.PROSECUTION CASE3. Appellant is an Afghan national.4. He was arrested and

Shabbir Ahmed Rafique Ahmed Vs. the State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1), 3(2), 8 and 11; Customs Act, 1962 - Sections 77 and 108; Foreign Exchange Management Act, 1999; General Clauses Act - Sections 21; Customs Regulations; Constitution of India - Article 22, 22(4) and 22(5)

Reported in : 2006BomCR(Cri)728

were attempted to be smuggled out of India and hence liable for confiscation under the provisions of the Customs Act, 1962 read with Foreign Exchange Management Act, 1999. His statement was recorded under Section 108 of the Customs Act … as soon as he was taken in custody on 30-11-2004. His statements were recorded on 13-12-2004, 14-12-2004, 16-12-2004, 22-12-2004, 29-12-2004 and 31-1-2005, before the impugned order dated 13-5-2005 was passed. 3. The main grounds of challenge to

Machinnon Machenzie and Co. Ltd. Vs. Union of India

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 2, 12, 17, 22, 23, 27, 28, 41, 46, 46(1) and 57; Central Excise Rules, 1944 - Rule 7

Reported in : 1991(52)ELT190(Bom)

This claim was rejected by Respondent No. 2 on the ground of non-compliance with Section 22 of the Customs Act, 1962 (C.A.). The rejection was set aside in appeal and the matter remanded for a fresh appraisal. Having sustained

Shri Nazir Ahmed Abdul Hamid Vs. the State of Maharashtra and Others

Court : Mumbai

Subject : CustomsCriminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 2 and 3(1); Constitution of India - Articles 22(5) and 226; Custom Act, 1962 - Sections 2, 33, 34, 104, 108 and 124; Indian Penal Code (IPC), 1860 - Sections 379; Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1998 - Sections 3

Reported in : 1998(5)BomCR73

furtherstrategy of unloading the said dutiable goods in contravention of the provisions ofsections 33 and 34 of the Customs Act, 1962, as also of removing the said dutiablegoods from the customs area without permission of the appropriate officer. Both … authority- namely, PrincipalSecretary to the Government of Maharashtra, Home Department (Preventive Detention) in exercise of his powers under section 3(1) of the Conservation of ForeignExchange & Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSAAct'). The Order … Additional Public Prosecutor for the respondents.2. This is a petition under Article 226 of the Constitution of India for a writ ofHabeas Corpus seeking to

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

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 … Mr. G.S. Sandhu -, Secretary to the Government of Maharashtra, Home Department (Preventive Detention), Mantralaya, Mumbai-400 032, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) seeks … ORDERN. Arumugham, J.1. Through filing this writ of Habeas Corpus under Article 226 of the Constitution of India, the petitioner, who is the sister of

M. Jamal Company Vs. Union of India and ors.

Court : Chennai

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(7), 2(23), 2(27), 11(2), 12, 12(1), 13, 15, 20(2), 22(1), 25, 25(1), 46, 51, 56, 68 and 111; Customs Tariff Act, 1975

Reported in : 1985(6)ECC202; 1985(21)ELT369(Mad)

and that the notification dated 1-3-1979 was no applicable. The second contention was that S. 25 of the Customs Act, 1962, cannot be made use of for issuing notification imposing duty. Both these grounds were rejected by the Single … a Single Judge of this Court, in W.P. No. 3422 of 1979. 2. As per the First Schedule, Section 15.07 of the Customs Tariff Act (51 of 1975), palmolein is subject to standard rate of duty of … by vessel s.s. Nikoley Somashke. The vessel came to Madras first on 22-2-1979 and was not permitted to discharge the cargo. It went to Kakinada,