Supreme Court · 1987 INSC 82 · Decided 26 March 1987
State of Gujarat v. Mohanlal Jitamalji Porwal & ANR.
- Court
- Supreme Court of India
- Citation
- 1987 INSC 82 · [1987] 2 S.C.R. 677
- Case number
- CRIMINAL APPEAL No. 74/1978
- Decided
- 26 March 1987
- Bench
- M.P. THAKKAR, S. NATARAJAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 391; Customs Act Section 123, 111
Headnote
Customs Act, 1962: s. 123 and s. 135( 1) read with s. 111- Presumption that goods seized were smuggled goods-When to be raised-' Reasonable belief-Connotation of. Code of Criminal Procedure, 1973: s. 391-Additional evidence to prove a document-Admissibility of-Lapse of six years-Whether material. community­ Courts to give equal treatment. The respondent accused, a rail passenger, was found by the Customs Officer wearing a waistchain weighing 820 gms., made of pure gold and coated with mercury so as to give an appearance of being made of silver. The goldsmith who was summoned to the
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