Supreme Court · 1975 INSC 190 · Decided 29 August 1975

Balumal Jamnadas Batra v. State of Maharashtra

Court
Supreme Court of India
Citation
1975 INSC 190 · [1976] 1 S.C.R. 539
Case number
CRIMINAL APPEAL No. 74/1971
Decided
29 August 1975
Bench
M. HAMEEDULLAH BEG, P.N. BHAGWATI, R.S. SARKARIA (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
Customs Act Section 123(1), 135(b)(ii)

Headnote

539 Custo1ns Act, 1962, Section 123, sub-sections (l) and (2)-Seizure of smug­ gled goods prior to rtotification under sub-section (2)-Presurnption under sub­ sectj_on ( 1 ), if could be applied subsequent td; notification to ihe goods seized. Section 123(1) of the Customs Act, 1962, goods to which this section applies are seized under this Act in the reasonable belief that they are smuggled goods, the burden of proving that they are not sn1uggled goods shall be on the person from whos-e possession the goods were seized. On 21-4-1967, Police Officers of the Anti-Corruption

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