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september 1961

Supreme Court of India · 1961-09-25

THE COLLECTOR OF CUSTOMS, MADRAS vs NATHELLA SAMPATHU CHETTY AND ANOTHER(And connected cases)

Citation / case number
SC 1960/172
Court
Supreme Court of India
Petitioner
THE COLLECTOR OF CUSTOMS, MADRAS
Respondent
NATHELLA SAMPATHU CHETTY AND ANOTHER(And connected cases)
Bench
SINHA, BHUVNESHWAR P.(CJ),SARKAR, A.K.,HIDAYATULLAH, M.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Section 178A of the Sea Customs Act, 1878, which places the burden of proof on the person in possession of goods seized under a reasonable belief of smuggling. The Court clarified that the restrictions imposed under Section 8(1) of the Foreign Exchange Regulation Act, 1947, are deemed to have been imposed under Section 19 of the Sea Customs Act, thereby allowing for confiscation of goods. The Court affirmed the Collector's decision to confiscate the gold as the respondent failed to prove it was not smuggled, thus reinforcing the legal principle that the burden of proof lies with the accused in such cases.

THE COLLECTOR OF CUSTOMS, MADRAS vs NATHELLA SAMPATHU CHETTY AND ANOTHER(And connected cases) · Niyam