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...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
The dominant issues were whether the accused's statement under s.108 Customs Act was voluntary and reliable, and whether recovery and seizure of counterfeit currency were proved despite minor discrepancies in note counts. The court held the s.108 statement was genuine, unretracted, corroborated by independent facts, and established possession and recovery; hence, the seizure and transit integrity were proved, and the Bank Note Press report confirmed the notes were counterfeit, rendering counting/serial-number variances attributable to human error and non-fatal. The offence under s.489(B) IPC failed for want of evidence of trafficking, but possession with requisite knowledge under s.489(C) IPC was proved, warranting conviction under s.489(C) and reversal of acquittal to that extent. - HC
The dominant issues were whether the accused's statement under s.108 Customs Act was voluntary and reliable, and whether recovery and seizure of counterfeit currency were proved despite minor discrepancies in note counts. The court held the s.108 statement was genuine, unretracted, corroborated by independent facts, and established possession and recovery; hence, the seizure and transit integrity were proved, and the Bank Note Press report confirmed the notes were counterfeit, rendering counting/serial-number variances attributable to human error and non-fatal. The offence under s.489(B) IPC failed for want of evidence of trafficking, but possession with requisite knowledge under s.489(C) IPC was proved, warranting conviction under s.489(C) and reversal of acquittal to that extent. - HC
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