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Kanhaiyalal Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 18, 21, 29, 42, 50, 53, 57 and 67; Evidence Act, 1872 - Sections 3, 24 to 27 and 30; Prevention of Terrorism Act, 2002; Customs Act - Sections 107 and 108; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 15; Code of Criminal Procedure (CrPC) - Sections 161 and 313; Constitution of India - Article 20(3)

Reported in : 2008(1)ALD(Cri)899; 2008(2)ALT(Cri)402; JT2008(1)SC279; RLW2008(2)SC1574; (2008)4SCC668; 2008AIRSCW627; 2008(1)Crimes154; AIR2008SC1044; 2008(4)SCC668; (2008)2SCC(Cri)474; 2008(1)SCALE165

drawn between the provisions of Section 67 of the NDPS Act and Sections 107 and 108 of the Customs Act and to a large extent Section 32 of the Prevention of Terrorism Act, 2002 and Section 15 … to an officer within the meaning of Section 42 of the said Act could be treated as a confessional statement and whether the accused could be convicted on the basis thereof in the absence of any other

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 … PC) prepared by Shri Kulwant Singh. The entire bulk was put into cotton bags and sealed.ARREST AND PURPORTED CONFESSION8. Although the appellant had all along been in the custody of the Customs Department, he was formally arrested

Abid Malik Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Customs

Acts : Foreign Exchange Management Act - Sections 19(6), 35 and 40; Foreign Exchange Regulation Act, 1973 - Sections 9(1), 40, 51 and 52(4); Income Tax Act; Evidence Act, 1872 - Sections 17 to 23 and 24 to 30; Customs Act - Sections 108, 108(4), 111, 123, 135, 138B and 138B(1); Indian Penal Code (IPC) - Sections 193 and 228; Constitution of India - Article 20 and 20(3)

Reported in : [2009]93SCL177(Delhi)

fundamental error has been committed by the High Court in placing explicit reliance upon Section 108 of the Customs Act. 97. It refers to leading of evidence, production of document or any other thing in an enquiry … of law:i) Whether the conviction of the appellant could have been based solely on the basis of retracted confession without there being any other corroborating evidence. ii) Once the retraction of a confessional statement takes place then

Ahmed Shah Khan Durrani @ A.S. Mubarak S Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Land Acquisition

was done by providing his truck not MH-06-5533 and mobilizing men, material and resources in connivance with the customs officers and police officials by bribing them and facilitating the safe movements of arms, ammunition and explosives by … the AK-56 rifle does not give rise to the presumption of possession. It was further submitted that the confession of the appellant (A-20) had been obtained by coercion by severely beating him. Therefore, the appeal deserves to

Pran Nath Dhawan Vs. Union of India and Another

Court : Delhi

Subject : Customs

Acts : 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)

Reported in : 1984(17)ELT12(Del)

Usha Dhawan, who are standing their trial on a complaint for an offence under section 135(1)(b) of the Customs Act, challenge a common order of the additional Chief Metropolitan Magistrate holding that there was a prima facie … case of the parties that while the statement of Pran Nath Dhawan is in the nature of a confessional statement, there was controversy is the 'admissions' allegedly made by Usha Dhawan in her statement would tantamount in

Abdul Rahman S/O Rahim.Vs. the State of Tamilnadu, the Union of India, ...

Court : Chennai

Subject : Land Acquisition

flight and arrived at Anna International Airport, Chennai on 8.10.2009. On deboarding of the plane, he went to Customs area. The officials attached to the Directorate of Revenue Intelligence (DRI), had intercepted him as if he brought … taken into consideration the said vital aspect. It is also the specific case of the detenu that in confession statement given before the officers on 8.10.2009 were retracted and the application for bail filed by him before

NaThe Rai Vs. the State of Bihar

Court : Patna

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act - Sections 20, 20(B), 20(E), 23, 53, 54 and 67; Opium Act - Sections 9; Evidence Act - Sections 25; Code of Criminal Procedure (CrPC) - Sections 313

and in default to undergo R.I.R. for one year.2. The prosecution case in brief is that on 14.8.2003, Custom Department, Muzaffarpur received a telephonic message with regard to illegal import of ganja from Nepal through Jeep No. … has relied upon the voluntarily (Ext.3) and interrogatory (Ext.2) statements of the appellant. It is settled law that confession/statement of the accused recorded by the custom officials under Section 53 or Section 67 of the N.D.P.S. Act

Lawrance Alex Mathias Vs. Union of India and ors.

Court : Delhi

Subject : CustomsCriminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling of Activities Act, 1974 - Sections 3

Reported in : 1989(16)DRJ206

detenu along with his other accomplices reached the shores of Valiakara, they were taken into custody by the customs people on 4th of March, 1988. All the conspirators including the detenu were brought to Cochin Customs House … which they stated that their statements were taken under duress and coercion. In short, they retracted from their confessions. On 8th of March, 1988 Lawrance Alex Mathias, the detenu in this petition, made a detailed complaint to

Essa @ Anjum Abdul Razak Memon Vs. State of Maharashtra Tr.Stf,cbi Mum ...

Court : Supreme Court of India

Subject : Land Acquisition

Excise Service. In the year 1993, he was posted as Additional Collector of Marine and Preventive Wing of Customs, Collectorate at Bombay. The other wing of the Collectorate was Rummaging and Intelligence and at the relevant time, … secondly) Evidence 5) The evidence against the appellants (A-3, A-4 and A-8) is in the form of:- (i) confessions made by other co-conspirators (co-accused); (ii) testimony of prosecution witnesses; and (iii) documentary evidence. Confessional Statements of co-accused:6.

Usha Rani, Hyderabad Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1); Customs Act, 1962 - Sections 108 and 123

Reported in : 1994(1)ALT(Cri)668; 1994CriLJ112

bars on the reasonable belief that they were smuggle into India and are liable to confiscation under the Customs Act. When questioned, Sri Pawan Kumar Sugandh told the officers that at the instance of the detenu these … administer a warning or a caution to the person summoned, that he is not bound to make a confession and that, if he does so, it may be used as evidence against him. Since such a warning