Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customs Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Customs Act, 1962 (52 of 1962) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Customs Act, 1962: s. 123 and s. 135( 1) read with s. 111- Presumption that goods seized were smuggled goods-When to be raised- 'Reasonable belief'-Connotation of. Code of Criminal Procedure, 1973: s. 391-Additional evidence to prove a document-Admissibility of-Lapse of six years-Whether material. Practice & Procedure Criminal Trial-Economic offences-Cause of the community-Courts to give equal treatment. The respondent accused, a rail passenger, was found by the Customs Officer wearing a waistchain weighing 820 gms., made of pure gold and coated with mercury so as to give an appearance of being made of silver. The goldsmith who was summoned to the railway station to test the article on the spot certified that it was made of pure gold. The article was seized and he was charged for offences under s. 85 of the Gold (Control) Act, 1968 and s. 135(1) read with s. 111 of the Customs Act, 1962. The trial court held that what was seized was an 'ornament' and not 'primary gold' and acquitted the accused respondent of the charge under s. 85 of the Gold (Control) Act. Disregarding the evidence of the goldsmith it took the view that the presumption under s. 123 of the Customs Act could not be raised as the Customs official who had made the seizure could not have entertained a reasonable belief that the article in question was made of smuggled gold. It also found fault in regard to the proof of report of the Mint Master that the article in question was made of pure gold of the specified fineness. The High Court confirmed the acquittal and rejected the request made by the prosecution for adducing additional evidence under s. 391 of the Code of Criminal Procedure in order to remove the alleged formal defect in the proof of the Mint Master. |
Judge | Hon'ble Mr. Justice M.P. Thakkar |
Neutral Citation | 1987 INSC 82 |
Petitioner | State Of Gujarat |
Respondent | Mohanlal Jitamalji Porwal & Anr. |
SCR | [1987] 2 S.C.R. 677 |
Judgement Date | 1987-04-26 |
Case Number | 74 |
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