International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
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Section 108 of the Customs Act was construed as an inquiry power to elicit truth, treating the inquiry as a "judicial proceeding" only for limited purposes, and not as a mechanism to record a confession akin to one under Section 164 CrPC; therefore, reliance on such statements could not, by itself, establish guilt for organised crime, counterfeit currency offences, or conspiracy. On the evidence, alleged carriage of a television set and subsequent contact with an overseas number did not prove conscious knowledge of concealed counterfeit notes, especially given baggage clearance and screening circumstances, and the investigation's failure to lodge a prompt complaint weakened the prosecution case. Interference with the acquittal was declined and the appeal was dismissed. -HC
Section 108 of the Customs Act was construed as an inquiry power to elicit truth, treating the inquiry as a "judicial proceeding" only for limited purposes, and not as a mechanism to record a confession akin to one under Section 164 CrPC; therefore, reliance on such statements could not, by itself, establish guilt for organised crime, counterfeit currency offences, or conspiracy. On the evidence, alleged carriage of a television set and subsequent contact with an overseas number did not prove conscious knowledge of concealed counterfeit notes, especially given baggage clearance and screening circumstances, and the investigation's failure to lodge a prompt complaint weakened the prosecution case. Interference with the acquittal was declined and the appeal was dismissed. -HC
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