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Gopikishan Parihar Vs. Joint Secretary, Cofeposa and ors.

Court : Rajasthan

Subject : CustomsCriminal

Reported in : 1994(1)WLN111

photographs of the petitioner were seized. From the statement of Umeda Ram dated 2.8.92 recorded Under Section 108. Customs Act, complicity of the petitioner with the smuggled slabs was prima facie made out. On 4.8.92, the Superintendent (RDF), … and the photographs of the petitioner were seized. From the statement of Umeda Ram dated 2.8.92 recorded Under Section 108. Customs Act, complicity of the petitioner with the smuggled slabs was prima facie made out. On 4.8.92,

The Assistant Collector of Central Excise, Rajamundry Vs. Duncan Agro ...

Court : Supreme Court of India

Subject : CustomsCriminal

Acts : Code of Criminal Procedure (CrPC) - Sections 164; Indian Penal Code (IPC), 1860 - Sections 120B, 193 and 228; Central Excise Act - Sections 9(1) and 14; Code of Civil Procedure (CPC) , 1908 - Sections 132; Customs Act - Sections 108 and 135; Evidence Act - Sections 24 and 25; Sea Customs Act, 1878 - Sections 171A

Reported in : AIR2000SC2901; 2000(2)ALD(Cri)423; 2000(3)BLJR2031; 2000CriLJ4035; 2000(71)ECC233; 2000(120)ELT280(SC); JT2000(8)SC530; 2000(5)SCALE454; (2000)7SCC53; [2000]Supp2SCR162

164 of the CrPC (for short 'the Code') when Customs officers record statement under Section 108 of the Customs Act? A Division Bench of the Andhra Pradesh High Court held that it is necessary if the statements were … K.T. Thomas, J.1. Leave granted.2. Is it necessary to comply with the precautions envisaged in Section 164 of the CrPC (for short 'the Code') when Customs officers record statement under Section 108 of the

Gulam HussaIn Shaikh Chougule Vs. S. Reynolds, Suptd. of Customs, Marm ...

Court : Supreme Court of India

Subject : CriminalCustoms

Acts : Customs Act, 1962 - Sections 108, 108(3) and 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 164(2) and 164(4); Evidence Act - Sections 24 and 25; Code of Civil Procedure (CPC), 1908 - Sections 132; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Sea Customs Act - Sections 171-A; Constitution of India - Article 136

Reported in : AIR2001SC2930; 2001(2)ALD(Cri)918; 2002(1)ALT(Cri)22; 2001CriLJ4755; 2002(79)ECC228; 2000LC497(SC); 2001(134)ELT3(SC); JT2001(9)SC89; 2001(7)SCALE409; (2002)1SCC155

the appellant on that score. Thus the appeal, being devoid of merit, is dismissed. Custom - Confessional statement Sections 108 and 135 of Customs Act, 1962 and Section 164 of Criminal Procedure Code, 1973 - Appellant was found … leave assailing the judgment of the Courts below convicting him of the offence under section 135 of the Customs Act, 1962 (for short 'the Act') and sentencing him to undergo imprisonment for three years and to pay a

Assistant Collector of Customs and ors. Vs. P.V. Thomas and ors.

Court : Kerala

Subject : Customs

Acts : Dangerous Drugs Act, 1930 - Sections 2, 7, 7(1), 7(2), 13, 20, 32 and 38; Customs Act, 1962 - Sections 108, 135, 135(1), 138 and 138(A); Evidence Act - Sections 25; Constitution of India - Article 20(3); Customs (Amendment) Act, 1973

Reported in : 1988(17)ECC265; 1988(35)ELT300(Ker)

an offence punishable under Section 13 of the Dangerous Drugs Act as well as Section 135(1) of the Customs Act for having contravened Section 7 read with Section 20 of the Dangerous Drugs Act. Accused 1 and 2 … his knowledge and consent and he had no actual involvement--Constitution of India, Article 20(3)--Customs Act (52 of 1962) Sections 108, 135(1)(a), (b), 138A--Dangerous Drugs Act (2 of 1930), Sections 3(b), 7,13, 20, 32--Evidence Act (1 of 1872), Section

Yogesh Korani Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 108 and 112

Reported in : 2003(2)BomCR122; 2003(159)ELT3(Bom); 2003(1)MhLj916

the course of investigation, statement of various persons, including the petitioner were recorded under Section 108 of the Customs Act, 1962 ('Act' for short) and all the aforesaid goods cleared duty free were seized in the hands of … Colgate Palmolive Ltd. During the course of investigation, statement of various persons, including the petitioner were recorded under Section 108 of the Customs Act, 1962 ('Act' for short) and all the aforesaid goods cleared duty free were

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

the same, by itself would not render the impugned provisions unconstitutionalCustoms - Confession - Free and Voluntary - Sections 108, 138 B of the Customs Act, 1962 - Appellant contended that purported confession recorded by an Officer of … 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

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

of NDPS Act is at the stage enquiry only which cannot be equated with section 108 of the Customs Act. 33. While rebutting the aforesaid arguments, the learned Special Public Prosecutor Mr. N. V. Ranganathan, submitted at the … Substance. The fourth charge was against A-1, A-2 and A-6 for abetting the criminals A-3 to A-5 under sections 22 and 29 of NDPS Act. The 5th charge was against A-1, A-2 and A-6 for abetting the

Rekha Umesh Shetty Vs. the State of Maharashtra Through the Secretary ...

Court : Mumbai

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3, 3(1) and 5A; Customs Act - Sections 108 and 135; Constitution of India - Article 22(5)

Reported in : 2008CriLJ138

before the learned Magistrate, the detenu retracted his statement recorded under Section 108 of the Customs Act by the DRI Officers on 1/8/06. He submitted … it is punishable with minimum imprisonment of three years. He submitted that offence under Section 135 of the Customs Act is punishable with minimum imprisonment of three years and maximum imprisonment of seven years. He submitted that the … years, when in fact it is punishable with minimum imprisonment of three years. He submitted that offence under Section 135 of the Customs Act is punishable with minimum imprisonment of three years and maximum imprisonment of seven

Jacob Thomas Simon and anr. Vs. Assistant Collector of Customs and anr ...

Court : Kerala

Subject : CriminalCustoms

Acts : Dangerous Drugs Act, 1936 - Sections 7 and 38; Customs Act, 1982 - Sections 108, 135 and 139; Evidence Act, 1872 - Sections 78; Prevention of Corruption Act, 1947 - Sections 4; Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 202, 203, 239, 240, 245, 246, 246(6) and 482; Indian Panal Code - Sections 120B, 420, 465 and 477A

Reported in : 1988(17)ECC344; 1988(35)ELT334(Ker)

Offences alleged are Under Sections 7 and 38 of the Dangerous Drugs Act, 1936, Section 135 of the Customs Act 1982 and Sections 120B, 420, 465 and 477A I.P.C. value of the commodity exported is approximately. Rs. 25 … procedure--Code of Criminal Procedure, 1973 (2 of 1974), Sections 239, 240, 245, 246, 482--Customs Act (52 of 1982), Sections 108, 135, 139--Dangerous Drugs Act (2 of 1930), Sections 7, 38--Indian Evidence Act (1 of 1872), Section 78(6)--Indian Penal

Mulchand Sampatraj Shah Vs. Dayashankar, Assistant Collector of Custom ...

Court : Mumbai

Subject : CriminalCustoms

Acts : Customs Act, 1962 - Sections 108 and 135; Evidence Act, 1872 - Sections 30

Reported in : 1988(35)ELT458(Bom)

the accused No. 1 Tandel recorded by the Customers Authorities under section 108 of the Customs Act. The said statement is inculpatory in nature and … Class, Daman, issuing process against the petitioners and others in a customs case under section 135 of the Customs Act, 1962, filed against them by the respondent No. 1, give rise to the same issues. Hence, this common … learned Judicial Magistrate, First Class, Daman, issuing process against the petitioners and others in a customs case under section 135 of the Customs Act, 1962, filed against them by the respondent No. 1, give rise to the