Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Prolonged pre-trial incarceration can justify bail even under stringent special-statute restrictions when Article 21 concerns are implicated. The Court held that bail under MCOCA and PMLA requires an individualized assessment of custody length, likely trial delay, sentence exposure, delay attribution, and the prima facie role of each accused, rather than treating the statutory embargo as conclusive. Applying that approach, it granted bail to Deepak and Pradeep in the MCOCA case because they had spent nearly five years in custody and their roles were only facilitative. Deepak was also granted bail in the PMLA proceedings, with Section 479 BNSS held applicable and parity with co-accused supporting release.
Prolonged pre-trial incarceration can justify bail even under stringent special-statute restrictions when Article 21 concerns are implicated. The Court held that bail under MCOCA and PMLA requires an individualized assessment of custody length, likely trial delay, sentence exposure, delay attribution, and the prima facie role of each accused, rather than treating the statutory embargo as conclusive. Applying that approach, it granted bail to Deepak and Pradeep in the MCOCA case because they had spent nearly five years in custody and their roles were only facilitative. Deepak was also granted bail in the PMLA proceedings, with Section 479 BNSS held applicable and parity with co-accused supporting release.
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