Supreme Court of India · 2001-03-21
Union Of India vs Rajendra Prabhu & Anr
- Citation / case number
- AIR 2001 SUPREME COURT 1672
- Court
- Supreme Court of India
- Petitioner
- Union Of India
- Respondent
- Rajendra Prabhu & Anr
- Bench
- S.P. Bharucha, N. Santosh Hegde
Judgment text excerpt
The Supreme Court upheld the decision of the Customs authorities under Section 11(a) and Section 112(b) of the Customs Act, 1962, confirming the confiscation of gold biscuits seized from the respondent for lack of legal importation. The Court established that the burden of proof lies with the Department to demonstrate smuggling under Section 123 of the Customs Act, and that the initial statement made by the respondent was not admissible due to coercion. The penalty of Rs. 5 lakhs imposed on the respondent was affirmed, while Balan was exonerated from liability.