Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Admissibility of confessional statements recorded under Section 108 of the Customs Act requires proof of voluntariness and may be corroborated by independent subsequent discovery and recoveries; concurrent findings of guilt by trial and appellate courts were held not perverse or legally unsound, precluding interference under Article 136. Given the age of the case, the abandoned condition of recovered goods, acquittal of several co-accused, deaths of some appellants, advanced age of survivors, prolonged pendency and the period of incarceration already undergone (exceeding the statutory minimum), the sentence was reduced to time already served and bail bonds discharged.
Admissibility of confessional statements recorded under Section 108 of the Customs Act requires proof of voluntariness and may be corroborated by independent subsequent discovery and recoveries; concurrent findings of guilt by trial and appellate courts were held not perverse or legally unsound, precluding interference under Article 136. Given the age of the case, the abandoned condition of recovered goods, acquittal of several co-accused, deaths of some appellants, advanced age of survivors, prolonged pendency and the period of incarceration already undergone (exceeding the statutory minimum), the sentence was reduced to time already served and bail bonds discharged.
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