Supreme Court · 2023 INSC 498 · Decided 4 May 2023

Yamal Manojbhai v. Union of India & Ors

Court
Supreme Court of India
Citation
2023 INSC 498 · [2023] 4 S.C.R. 916
Case number
WRIT PETITION (CRIMINAL) No. 55/2023
Decided
4 May 2023
Bench
KRISHNA MURARI, SANJAY KAROL (2-judge bench)
Outcome
Matter referred to larger bench
Case type
Criminal
Acts & sections cited
Constitution Article 21, 32; NDPS Act; Customs Act Section 123, 127B, 132, 135, 127

Headnote

Customs Act, 1962 - ss.123, 127B - Seized goods specified u/s.123, remedy of settlement u/s.127B if available - Held: Per Krishna Murari, J. In cases of seizure within the customs area, s.123 cannot apply and the accused is entitled to the remedy of by the Bombay High Court in Suresh Raheja case states the correct position of law - Per Sanjay Karol, J. Proviso to s.127B(1) specifies certain categories of goods that are barred from the jurisdiction of the settlement commission including goods mentioned u/s.123 and goods relating to NDPS

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