Supreme Court · 1964 INSC 263 · Decided 23 November 1964
Radha Kishan Bhatia v. Union of India and Others
- Court
- Supreme Court of India
- Citation
- 1964 INSC 263 · [1965] 2 S.C.R. 213
- Case number
- CIVIL APPEAL No. 777/1962
- Decided
- 23 November 1964
- Bench
- K. SUBBA RAO, RAGHUBAR DAYAL, N. RAJAGOPALA AYYANGAR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226; Customs Act
Headnote
Sea Customs Act, 1878 (Act 8 of 1878), s. 167(8)-Person concerned in illegal importation of go/d,-who is-Inference from possession of gold held to be smuggled-Positive finding as to being concerned in illegal impor­ tation, necessity for recording. A number of gold bars held to be smuggled appellant. The Collector of Central Excise and Land Cus­ toms ordered the confiscation of the gold and imposed a penalty on the appellant under s. 167(8) of the Sea Customs Act (Act 8 of 1878). The appellant's writ petition challenging the above order was allowed by a single Judge of the
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