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august 1975

Supreme Court of India · 1975-08-29

BALUMAL JAMNADAS BATRA vs STATE OF MAHARASHTRA

Citation / case number
SC 1971/60139
Court
Supreme Court of India
Petitioner
BALUMAL JAMNADAS BATRA
Respondent
STATE OF MAHARASHTRA
Author
M. HAMEEDULLAH BEG
Bench
M. HAMEEDULLAH BEG

Judgment text excerpt

The Supreme Court held that under Section 123(1) of the Customs Act, 1962, the burden of proof lies on the person from whose possession the goods are seized to prove they are not smuggled. The Court found that the presumption under Section 123(1) could be applied even after the goods were notified under Section 123(2). The appellant's conviction under Section 135(b)(ii) was upheld, affirming the lower courts' decisions and dismissing the appeal.

BALUMAL JAMNADAS BATRA vs STATE OF MAHARASHTRA · Niyam