Customs Must Prove Betel Nut Smuggling u/s 123 of Customs Act 1962; Mere Suspicion Isn't Enough.

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Full Text of the Document

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....Confiscation - Smuggling of Betel Nuts - discharge of burden to prove u/s 123 of Customs Act - The betel nut is not notified under Section 123 of the Customs Act, 1962 and therefore, the burden of proof lies with the department to prove the same. It’s not just enough to prove by negative inference of the documents produced by the appellant on microscopic analysis to find fault. Allegation requires to be proved by cogent and positive evidence. - AT....