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Customs - Highlights / Catch Notes

Home Highlights March 2024 Year 2024 This

Smuggling - Gold, with Swiss markings - Contraband item - ...


Court Validates Seizure of Swiss-Marked Gold Bars Under Customs Act; Upholds Sworn Statements Despite Retractions.

March 28, 2024

Case Laws     Customs     HC

Smuggling - Gold, with Swiss markings - Contraband item - Validity of Seizure and Evidentiary Value of the Sworn Statement - The court found the seizure to be valid under the Customs Act, emphasizing the evidentiary value of the sworn statement made under Section 108 of the Act. Despite the later retraction of this statement, the court deemed other material evidence sufficient to support the initial findings. - The Swiss markings on the gold bars were deemed conclusive evidence of their foreign origin. The appellants successfully demonstrated that the respondents failed to establish a legal importation pathway for the gold into the country, thus justifying the seizure. - The High Court set aside the orders of the Appellate Authorities, restored the order of the original authority, and allowed the appeal in favor of the revenue-appellant with specified costs.

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