Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Lufthansa Airlines Smuggling Customs Act 1962 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Foreign Exchange Regulation Act, 1973 (46 of 1973) Customs Act, 1962 (52 of 1962) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Customs Act, 1962: Smuggling — 184 gold biscuits of 10 tolas each concealed in the meal trolleys by two passengers of the aircraft of Lufthansa Airlines — In their statements, they admitted the recovery of gold biscuits and disclosed that respondent had invested the money in the gold recovered as well as the gold smuggled on earlier occasions — Criminal case filed against the respondent — Adjudicating proceedings also initiated against him under the Customs Act — By order dated 30.9.1999, penalty imposed on respondent by Additional Commissioner of Customs — The order set aside by Commissioner on the ground that there were two persons having same name, one in Dubai and second being the respondent and that beyond the statement of co-accused there was no material on record — Petition for quashing of complaint filed in High Court ~ In the petition itself, two addresses of respondent were given — High Court allowed the petition and quashed the complaint — On appeal, held: Appellate order dated 30.9.1999. disclosed that the passenger alleged the involvement of the respondent — In law, if such statement is otherwise admissible and reliable, conviction can lawfully rest on such material — The finding in the appellate order that there were two Pramod Kumars was completely incorrect — In the backdrop of these facts, it cannot be accepted that the exoneration of the respondent in the adjudication proceeding was on merits or that he was found completely innocent — Considering the facts and circumstances of the case, High Court was not right and justified in accepting the prayer for quashing of the proceedings. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2016 INSC 171 |
Petitioner | Air Customs Officer Igi New Delhi |
Respondent | Pramod Kumar Dhamija |
SCR | [2016] 2 S.C.R. 561 |
Judgement Date | 2016-02-15 |
Case Number | 123 |
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