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october 1960

Supreme Court of India · 1960-10-03

AMBA LAL vs THE UNION OF INDIA AND OTHERS.

Citation / case number
SC 1956/18
Court
Supreme Court of India
Petitioner
AMBA LAL
Respondent
THE UNION OF INDIA AND OTHERS.
Author
SINHA, BHUVNESHWAR P.(),KAPURL.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
Bench
SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the burden of proof lies with the authorities to establish that the first five articles were imported into India after March 1948, as per Section 3 of the Imports Exports Control Act, 1947, and Sections 19 and 167(8) of the Sea Customs Act, 1878. The Court found that the authorities failed to provide evidence for this claim, thus the appellant could not be held guilty of the offences charged. Furthermore, regarding the other five articles, the appellant was liable under Section 7(1)(c) of the Land Customs Act, 1924, for possessing smuggled goods, regardless of his knowledge of their importation.

AMBA LAL vs THE UNION OF INDIA AND OTHERS. · Niyam