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Poolpandi Etc. Etc. Vs. Superintendent, Central Excise and Others Etc. ...

Court : Supreme Court of India

Subject : CustomsCriminalConstitution

Acts : 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)

Reported in : 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 … ORDERLalit Mohan Sharma, J.1. The common question arising in these cases is whether the respondent in Criminal Appeal No. 476 of 1986, the appellant in Criminal Appeals No. 301-302 of 1987 and the petitioners in … because to deny him such a right would be violative of the constitutional protection under Article 20(3) of the Constitution. Alternatively Mr. Salve contended that

A.T.Maideen Vs. the Senior Intelligent Officer

Court : Chennai

Subject : Custom

Acts : Customs Act, 1962 - Section 107, 108(1), 112, 113, 132, 133, 134, 135; Constitution of India - Article 20(3); Indian Evidence Act, 1872 - Section 24

is liable to be set aside.5. The learned counsel had further submitted that the respondent had registered a criminal case against the petitioner, under the provisions of the Customs Act, 1962, based on the allegation that he … 30.11.2011, he had received summons issued by the respondent, in a printed format, under Section 108 of the Customs Act, 1962. In the said summons, it had been stated that the petitioner was connected with the act … This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

Subject : Right to Information

thereafter came to the conclusion that the NDPS Act, being a penal statute, is in contradistinction to the Customs Act, 1962 and the Central Excise Act, 1944, whose dominant object is 2 to protect the revenue of … REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.152 OF2013TOFAN SINGH …Appellant Versus STATE OF TAMIL NADU …Respondent WITH CRIMINAL APPEAL No.1750 … regular policemen, would be able to record confessional statements, and bypass all constitutional and statutory safeguards. Shri Jain contended that as the provisions of the

Rainbow Trading Co. by Its Proprietor S. Heerachand Vs. Assistant Coll ...

Court : Chennai

Subject : Constitution

Acts : Sea Customs Act, 1878 - Sections 171A; Constitution of India - Articles 14, 20(3) and 226; Evidence Act - Sections 132

Reported in : AIR1963Mad434; 1963CriLJ636

of Balakrishna Ayyar, J., raises a question as to the constitutional validity of Section 171-A of the Sea Customs Act. That provision has been challenged as void before us on the ground that it contravenes Articles 14 … between the stage when an offence is committed and the stage when the offender is placed before the criminal Court to be dealt with according to law. The residents of the locality where the crime has been … the judgment of Balakrishna Ayyar, J., raises a question as to the constitutional validity of Section 171-A of the Sea Customs Act. That provision has

Hawaii Vs. Mankichi

Court : US Supreme Court

Subject : Land Acquisition

islands not contrary to the Constitution of the United States, it was intended to abolish at once the criminal procedure theretofore in force upon the islands and to substitute immediately, and without new legislation, the common law … recognize only treaties between the United States and such foreign nations; 3d, to continue the existing laws and customs regulations, so far as they were not Page 190 U. S. 215 inconsistent with the resolution, or contrary

United States Vs. Montoya De Hernandez

Court : US Supreme Court

Subject : Land Acquisition

holding that her detention violated the Fourth Amendment to the United States Constitution because the customs inspectors did not have a "clear indication" of alimentary … Upon her arrival at Los Angeles International Airport on a flight from Bogota, Colombia, respondent was detained by customs officials when after examination of her passport and the contents of her valise and questioning by the officials, … Amendment rights of respondent. Having presented herself at the border for admission, and having subjected herself to the criminal enforcement powers of the Federal Government, 19 U.S.C. § 482, respondent was entitled to be free from unreasonable

N.S.R. Krishna Prasad and Etc. Vs. Directorate of Enforcement Loknayak ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Constitution of India - Article 226; Foreign Exchange Regulation Act; Customs Act

Reported in : 1992CriLJ1888; 1992(57)ELT568(AP)

of its breach The answers to the questions necessarily depend upon the applicability of the provisions of the Criminal Procedure Code, to the statements of confessional nature recorded u/S. 108 of the Customs Act. S. 4(1) of … the name of 'Southern Agro Agencies' and received at the Inland Container Depot, attached to the Collectorate of Customs, Guntur, contained, on thorough inspection by the officials of the Customs Department, Guntur, a few parts of Tractors … Naidu, J.1. These two petitions are filed under Art. 226 of the Constitution of India for issue of writs of Habeas Corpus or any other

Balkishan A. Devidayal Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 8(1), 9(3), 9(4), 14, 160, 161, 193 and 228; Code of Criminal Procedure (CrPC) - Sections 2, 3, 4, 4(2), 5, 6, 7, 8, 8(1), 9, 9(3), 10, 11, 12, 13, 14, 18, 19, 19B, 21, 22, 23, 25, 77, 78(3), 154, 155(2), 156, 160, 162, 162(1), 173, 173(1), 173(4), 190, 190(1) and 251-A; Code of Civil Procedure (CPC), 1908 - Sections 132 and 133; Evidence Act - Sections 3, 8, 8(1), 8(2), 9, 9(3), 9(4), 21, 24, 25, 26, 27, 32, 77(2), 78(3), 145, 162, 162(1) and 165

Reported in : AIR1981SC379; (1980)82BOMLR471; 1980CriLJ1424; (1980)4SCC600; [1981]1SCR175

short, called the Code), irrespective of the fact that they are differently labelled such as, Excise Officers or Customs Officers or members of the RPF, otherwise, the very object of Section 25 will be defeated. In support … of the Act. The allegations in the complaint, as summarised in the judgment of the High Court in Criminal Revision Application No. 821 of 1973, are as under :3. On November 21, 1970, the Assistant Security Officer, … accused of an offence' within the meaning of Article 20(3) of the Constitution.(3) Whether Section 9 of the Act is violative of Article 14 of

Linder Frank Wolfgang Vs. Union of India (Uoi)

Court : Gujarat

Subject : CustomsCriminal

Acts : Constitution of India

Reported in : (1999)1GLR619; (2000)2GLR256

that 88 biscuits of gold were recovered from his person. The officers of the Customs Department filed a criminal case against the present appellant before the Additional Chief Metropolitan Magistrate, Ahmedabad under sec.135 of the Act being … accused of an offence within the meaning of Article 20(3) of the Constitution. The steps taken by the Customs Officer are for the purpose of … M.R. Calla, J. 1. The applicant/appellant was arrested by the Customs officers under sec.104 of the Customs Act, 1962 ('the Act' for brevity) on 19.12.1996 for the offence punishable

D.B. Bhappu Vs. Parasmal Nemaji Bhimani

Court : Mumbai

Subject : Constitution

Reported in : (1976)78BOMLR500

petition under Articles 226 and 227 of the Constitution. The petitioner is the original complainant, Assistant Collector of Customs, Bombay, on whose complaint Criminal Case No. 279/CW of 1973 is pending before the Chief Metropolitan Magistrate. The