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november 1961

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.

ISSARDAS DAULAT RAM AND OTHERS vs THE UNION OF INDIA AND OTHERS · Niyam