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Sipta Coated Steel Ltd. Vs. Union of India

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(34), 4, 5, 5(1), 15, 59, 59(1), 59A, 61, 61(1), 65, 67 and 157

Reported in : 1993(1)BomCR201; 1992(62)ELT485(Bom)

for the balance 50% of duty he is required to execute a bond for twice the amount. 8. Section 67 of the Customs Act, 1962 deals with removal of goods from one warehouse to another. It provides as … The petitioners had imported certain goods which arrived at the Port of Bombay. Under Section 15 of the Customs Act, 1962 the petitioners can present a Bill of Entry for Warehousing. Under Section 59(1) of the Customs Act, 1962

intelligence Officer, Dri Vs. Amjad HuseeIn Khan and anr.

Court : Mumbai

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 67; Constitution of India - Article 20(3); Customs Act, 1962 - Sections 108; Sea Customs Act, 1878 - Sections 171A

Reported in : 2003(90)ECC906

down by the Apex Court. It may be stated here that the provisions under Section 108 of the Customs Act, 1962 is pari materia with Section 171A of the Sea Customs Act, 1878.18. In the present case on 19.6.2000 … May 2002. The learned Special Judge granted bail to the respondent/accused holding that statement of respondent-accused recorded under Section 67 of N.D.P.S. Act which was confessional in nature was hit by Article 20(3) of the Constitution following the

John Ohuma Ogmekwe and Another Vs. Intelligence Officer Narcotic Contr ...

Court : Mumbai

Subject : CriminalNarcotics

Acts : Narcotic Drugs and Psychotropic Substances Act. 1985 - Sections 8, 21, 23, 29, 30, 14, 42, 50, 53 and 67; Customs Act, 1962 - Sections 135(1); Evidence Act, 1872 - Sections 3, 17, 25, 26, 27, 59, 61 and 114; Code of Criminal Procedure (CrPC) , 1973 - Sections 31

Reported in : 1998BomCR(Cri)842

N.D.P.S Act, 1985;(but awarding no separate sentence) and iv) Under section 135(1)(a) read with section 135(1)(ii) of the Customs Act,1962. (but awarding no separate sentence).The substantive sentences of the appellants were ordered to run concurrently. 2. In short … Bureau Office at Ballard Pier, the same day. The same day summons were served on the appellants under section 67 of the N.D.P.S. Act and their statements were recorded. Since the said statements were confessional statements we are

Shahid Khan Vs. Director of Revenue Intelligence

Court : Andhra Pradesh

Subject : NarcoticsCriminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 8, 22, 23, 25, 27A, 28, 29, 42, 42(1), 42(2) and 67; Customs Act, 1962 - Sections 108; Code of Civil Procedure (CPC) , 1908 - Sections 132; Indian Penal Code (IPC), 1860 - Sections 139 and 228

Reported in : 2001(1)ALD(Cri)781; 2001CriLJ3183

tried to draw the distinction between section 67 of NDPS Act with reference to Section 108 of the Customs Act, 1962. Section 108 of the Customs Act reads as under:108. POWER TO SUMMON PERSONS TO GIVE EVIDENCE AND PRODUCE DOCUMENTS:

Collector of Customs Vs. Lexus Exports Private Ltd.

Court : Kolkata

Subject : CustomsFERA

Acts : Foreign Exchange Regulation Act, 1973 - Sections 12(1), 18, 18(1), 23 and 67; ;Foreign Exchange Regulation Act, 1969; ;Customs Act, 1962 - Sections 11, 11(1), 11(2), 13, 18(1), 19(1), 113 and 113(1); ;Foreign Exchange Rules; ;Foreign Exchange Regulations; ;Sea Customs Act; ;Constitution of India - Article 226

Reported in : 1994(48)ECC10,1994(69)ELT228(Cal)

concerned with over-invoicing.21. Section 67 of the Foreign Exchange Regulation Act, 1973 provides as follows :-'Application of the Customs Act, 1962 -The restrictions imposed by or under Section 13, Clause (a) of Sub-section (1) of Section 18 and Clause

Mvt International Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (2000)LC524Tri(Delhi)

be exported have become prohibited goods in terms of FERA, which prohibition is deemed have been imposed under Customs Act, 1962. Thus goods are liable to confiscation under Section 113(d) of Customs Act and unit liable to action under … is not competent to value software. As discussed, there is a violation of Section 18(1) (a) read with Section 67 of FERA. It is mandatory for the unit to furnish correct declaration under FERA before attempting any export

Sunil Jugalkishore Gupta Vs. Union of India and Others

Court : Mumbai

Subject : Excise

Acts : Customs Act, 1962 - Sections 59, 59(3), 61, 67, 68 and 69; Central Excise Tariff Act, 1985; Central Excise Act

Reported in : 1987(14)ECC165; 1988(36)ELT75(Bom)

him to sell and/or transfer the goods figuring in the petition vide proviso to Section 59(3) of the Customs Act, 1962 - hereinafter referred to as the 'Act'.2. The points that arise for determination in this petition have to … effect a bond-to-bond transfer, only in favour of an importer importing the goods through a non-free trade Zone. Section 67 in fact permits the owner of any warehoused goods to remove them from one warehouse to another without

Husen Bhenu Malad Vs. State of Gujarat

Court : Gujarat

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20, 23, 29, 30, 36A, 36B, 41(2), 42, 42(1), 42(2), 43, 52, 52(3), 53, 55, 56, 57 and 67; Foreigners Act, 1946; Indian Passport Regulations Act; Customs Act, 1962 - Sections 108; Constitution of India - Article 20(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 313 and 374(2); Evidence Act - Sections 24 and 25

Reported in : 2003CriLJ5070; (2003)4GLR916

was given the custody of the accused on 7.8.1994. Statements of the accused under Section 108 of the Customs Act and under Section 67 of the NDPS Act were recorded on the same day. Second statement of A-1 … Act and not the one for evasion of Customs Duty which ought to be under the Customs Act, 1962.(vii) The complainant is only a hearsay witness to the alleged incident.(viii) The complainant has not followed the mandatory

Shri B.B. Hugar, Superintendent, Central Excise and Customs Preventive ...

Court : Mumbai

Subject : NarcoticsCriminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 18, 20, 25, 41(2), 42, 42(2), 50, 53 and 67; Customs Act, 1962 - Sections 108, 108(3), 110, 111 and 135; Evidence Act - Sections 24, 25, 26 and 30; Code of Criminal Procedure (CrPC) - Sections 161, 164 and 340

Reported in : 2005BomCR(Cri)752

material piece of evidence collected by the Customs official under Sections 108, 110, 111 and 135 of the Customs Act, 1962 (for short 'Customs Act'). Therefore, such confessional statements, although retracted, are binding as Customs Officers are not Police … said effect was also made. 5. PW1 Inspector Sabale, as per the provisions and procedure as contemplated under Section 67 of the NDPS Act, gave notices to the said two Panchas. The statements of these two Panchas were

Siyaka Marong Abdoulaya Vs. Mr. J.L. Pandey, Inspector of Customs (P) ...

Court : Mumbai

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 29 and 67; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Customs Act, 1962 - Sections 108 and 135; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Code of Civil Procedure (CPC) , 1908 - Sections 132; Evidence Act - Sections 32

Reported in : 2003(2)ALD(Cri)108; 2003BomCR(Cri)1826

which can be recorded by a customs officer in view of provisions of Section 108 and 135 of Customs Act, 1962 (hereinafter referred to as Customs Act for convenience). Though Shri Thakur and Shri Saste contended that they are … present appellant in her statement recorded by the said officers which was recorded in view of provisions of Section 67 of the NDPS Act. It surfaced in her statement that Camara Mamadi and herself stayed at Delhi at