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PETITIONER: AMBA LAL
Vs.
RESPONDENT: THE UNION OF INDIA AND OTHERS.
DATE OF JUDGMENT: 03/10/1960
BENCH: SUBBARAO, K. BENCH: SUBBARAO, K. SINHA, BHUVNESHWAR P.(CJ) KAPUR, J.L. GAJENDRAGADKAR, P.B. WANCHOO, K.N.
CITATION: 1961 AIR 264 1961 SCR (1) 933 CITATOR INFO : RF 1971 SC 44 (38) D 1974 SC 859 (29,41,44) D 1975 SC2288 (13)
ACT: Evidence--Customs authorities recovering articles suspected to have been smuggled--Accused pleading articles brought from Pakistan at time of Partition--Burden of proof--Imports Exports Control Act, 1947(10 of 1947), s. 3--Sea Customs Act, 1878 (8 of 1878) ss. 19, 167(8) and 178-A--Land Customs Act, 1924 (19 of 1924), ss. 5 and 7--Indian Evidence Act, 1872 (1 of 1872), s. 106. 934
HEADNOTE: The appellants house was searched on June 22, 1951, by the Customs authorities and ten articles were recovered therefrom. In the inquiry before the Collector the appellant stated that the first five articles had been brought by him in 1947 from Pakistan after-partition and that with respect to the other five articles he was a bona fide purchaser thereof. The Collector held that the appellant had failed to establish his case and held that the goods were imported into India in contravention Of S. 3, Import Export Control Act read with ss. 19 and 167(8), Sea Customs Act ...