Supreme Court of India · 1961-11-13
ISSARDAS DAULAT RAM AND OTHERS vs THE UNION OF INDIA AND OTHERS
- Citation / case number
- SC 1960/164
- Court
- Supreme Court of India
- Petitioner
- ISSARDAS DAULAT RAM AND OTHERS
- Respondent
- THE UNION OF INDIA AND OTHERS
- Bench
- P.B. GAJENDRAGADKAR,A.K. SARKAR,K.N. WANCHOO,K.C. DAS GUPTA,N. RAJAGOPALA AYYANGAR
Judgment text excerpt
The Supreme Court upheld the order of confiscation of gold under Section 167(8) of the Sea Customs Act, 1878, despite the absence of direct evidence of smuggling. The Court found that the circumstantial evidence, including the appellant's conduct and the price discrepancy of the gold, justified the Collector of Customs' conclusion that the gold was smuggled. The Court ruled that the High Court's dismissal of the writ petition under Article 226 of the Constitution was appropriate, as the evidence was sufficient to support the confiscation order.