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...
Bail under the PMLA remained subject to the stringent twin conditions in Section 45; on merits, the Court could not record reasonable grounds to believe that the accused was not guilty or unlikely to reoffend, so the statutory bar was not crossed. The Court nevertheless held that unduly long pre-trial incarceration may, in an appropriate case, outweigh Section 45 when assessed under Article 21. After balancing the seriousness of the allegations, alleged witness-influence concerns, prior bail in the predicate offences, custody of about two years and three months, and delay by the investigating agency, the Court granted bail on stringent terms.
Bail under the PMLA remained subject to the stringent twin conditions in Section 45; on merits, the Court could not record reasonable grounds to believe that the accused was not guilty or unlikely to reoffend, so the statutory bar was not crossed. The Court nevertheless held that unduly long pre-trial incarceration may, in an appropriate case, outweigh Section 45 when assessed under Article 21. After balancing the seriousness of the allegations, alleged witness-influence concerns, prior bail in the predicate offences, custody of about two years and three months, and delay by the investigating agency, the Court granted bail on stringent terms.
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