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KRISHNA MURARI, SANJAY KAROL
Yamal Manojbhai – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Krishna Murari, J.)
1. The present writ petition filed under Article 32 of the Constitution of India raises an issue of huge importance of personal liberty under Article 21 of the Constitution of India, regarding the right of an accused under the Customs Act, 1962 (hereinafter referred to as the ‘Customs Act’) to settle the dispute as per provisions contained under chapter XIV A of the Customs Act.
2. The writ petitioner, who is a Non-Resident Indian (for short, ‘NRI’), was arrested on 04.10.2022 at the Delhi International Airport. It is the case of the respondent that petitioner had tried to smuggle high value goods, mainly watches through the green channel entrance, in order to escape from paying duty on the same.
3. On suspicion of the petitioner trying to smuggle goods through customs, a detailed examination of the person and baggage of the petitioner was conducted, and it resulted in the recovery of seven wrist watches, along with a few other high value goods. Since the petitioner appeared to have committed offences under Sections 132 and 135 of the Customs act, he was arrested on 05.10.2022. After the arrest, the petitioner herein then filed the present writ petition
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The court established that the provisions of the Customs Act do not guarantee an absolute right to cross-examine witnesses in adjudication proceedings, and the denial of such a right does not inheren....
The main legal point established in the judgment is the availability of a statutory remedy under the Customs Act and the failure of the petitioner to approach the Appellate Authority despite the libe....
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