Smuggling - Gold of foreign origin - Absolute Confiscation - ...

April 12, 2024

Case Laws Customs AT

Smuggling - Gold of foreign origin - Absolute Confiscation - town seizure - reliability of statements/retraction of statements - The tribunal highlighted inconsistencies and retractions in the statements of the prosecution's witnesses. It questioned the voluntariness and reliability of these statements, noting the lack of corroborative evidence to substantiate the claims of smuggling. The tribunal underscored the principle that statements made under duress or without proper verification lack evidentiary value. - The tribunal observed that the seized gold's irregular shape and size did not conform to the characteristics typically associated with foreign-origin gold, which is usually marked and of standard dimensions. - The tribunal concluded that the prosecution failed to provide conclusive evidence that the gold was smuggled.

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Smuggling - Gold of foreign origin - Absolute Confiscation - ...

April 12, 2024

Case Laws Customs AT

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