Supreme Court · 1994 INSC 108 · Decided 8 March 1994

Bhanabhai Khalpabhai v. The Collector of Customs and ANR.

Court
Supreme Court of India
Citation
1994 INSC 108 · [1994] 2 S.C.R. 348
Case number
CRIMINAL APPEAL No. 757/1980
Decided
8 March 1994
Bench
K. JAYACHANDRA REDDY, N.P. SINGH (2-judge bench)
Case type
Criminal
Acts & sections cited
Evidence Act Section 106, 114; Customs Act Section 108, 135(1)(a)

Headnote

O.istoms Act, 1962: Ss.11-J, 135(1)(a) and 138-A-Silver ingots&shy; Nutified as specified goods-Recovery of-From specified area-Fraudulent evasion or attempt at evasion-Prohibition of-Culpable mental state&shy; C Presumption of-Accused to prove that such mental state <lid not exist. On Police and Customs carried out a search in the wadi and on digging the ground near a well, 101 silver ingots worth over Rs. 18 lakhs were recovered. After the recovery, the statement of the D appellant was recorded in accordance with S.108 of the Customs Act, 1962, in which he admitted the

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