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...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Custodial statements recorded under Section 50 PMLA were treated as unreliable against the applicants because they were self-incriminatory statements recorded after arrest by the same investigating agency. The Court also found that the ED had not prima facie established the foundational facts needed to connect the alleged transactions with identifiable proceeds of crime or the predicate offence, making the Section 23 and 24 presumptions inapplicable at the bail stage. Selective arrest and prolonged pre-trial incarceration exceeding two years, with no realistic trial timeline, further weighed against continued detention. On these grounds, the Court held that the applicants satisfied the twin bail conditions under Section 45 PMLA and granted regular bail.
Custodial statements recorded under Section 50 PMLA were treated as unreliable against the applicants because they were self-incriminatory statements recorded after arrest by the same investigating agency. The Court also found that the ED had not prima facie established the foundational facts needed to connect the alleged transactions with identifiable proceeds of crime or the predicate offence, making the Section 23 and 24 presumptions inapplicable at the bail stage. Selective arrest and prolonged pre-trial incarceration exceeding two years, with no realistic trial timeline, further weighed against continued detention. On these grounds, the Court held that the applicants satisfied the twin bail conditions under Section 45 PMLA and granted regular bail.
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