Confiscation and duty recovery quashed where licensing records show export obligation discharged; customs lacks jurisdiction absent licence annulment ...
FOB is Incoterm reflecting exporter's transaction value; declared shipping bill value not automatically confiscable under s.113(i), s.125, ss.114(i) a...
The HC dismissed the petition and refused to quash proceedings against the petitioner, arrayed as the third accused, holding that prima facie material establishes possession of alleged proceeds of crime and sufficient inference of knowledge/mens rea under Section 3 of the PML Act, 2002. The Court ruled determination of actual possession, mens rea and use of tainted funds for any second acquisition is evidentiary and for trial; quashing at pre-trial was inappropriate. The Court observed that absence as an accused in the predicate complaint does not preclude prosecution under the PML Act or automatic quashment, and that ongoing possession post-registration supports continuation of prosecution. The Criminal Miscellaneous Case was dismissed.
The HC dismissed the petition and refused to quash proceedings against the petitioner, arrayed as the third accused, holding that prima facie material establishes possession of alleged proceeds of crime and sufficient inference of knowledge/mens rea under Section 3 of the PML Act, 2002. The Court ruled determination of actual possession, mens rea and use of tainted funds for any second acquisition is evidentiary and for trial; quashing at pre-trial was inappropriate. The Court observed that absence as an accused in the predicate complaint does not preclude prosecution under the PML Act or automatic quashment, and that ongoing possession post-registration supports continuation of prosecution. The Criminal Miscellaneous Case was dismissed.
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