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march 2007

Supreme Court of India · 2007-03-08

COMMNR. OF CUSTOMS (PREVENTIVE) vs VIJAY DASHARATH PATEL

Citation / case number
SC 2006/10634
Court
Supreme Court of India
Petitioner
COMMNR. OF CUSTOMS (PREVENTIVE)
Respondent
VIJAY DASHARATH PATEL
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the legality of the detention of individuals carrying gold biscuits under the Customs Act, 1962, specifically referencing Section 108. The Court held that the burden of proof lies on the person claiming ownership of the goods to establish lawful possession, and mere statements without corroborative evidence are insufficient. The appeals against the Gujarat High Court's dismissal of the tax appeals were dismissed, affirming the lower court's decision that no substantial question of law arose.

COMMNR. OF CUSTOMS (PREVENTIVE) vs VIJAY DASHARATH PATEL · Niyam