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G. S. KULKARNI, JITENDRA JAIN
Leyla Mohmoodi, through Constituted Attorney Sandip D. Kadam – Appellant
Versus
Additional Commissioner of Customs – Respondent
Headnote: Read headnote
JUDGMENT :
G. S. Kulkarni, J.
The judgment has been divided into the following parts:
| S.No. | Contents |
| Read more document |
The disposal of seized property without notice and due process violates constitutional rights, rendering such actions illegal and unconstitutional.
Quasi-judicial proceedings require strict adherence to principles of natural justice, including the right to cross-examine witnesses, which was violated in this case, rendering the confiscation order....
The main legal point established in the judgment is the requirement of notice and participation in the proceedings under Section 110(1D) of the Customs Act, based on the principles of natural justice....
The main legal point established in the judgment is that the gold bullion seized during the search was stock-in-trade and duly accounted in the books of accounts, as per the relevant provisions of FE....
The court ruled that gold jewellery worn by a foreign national upon entering India is considered personal effects and cannot be confiscated without clear legal prohibition.
The court upheld that seizure actions by police must comply with Articles 14 and 19, reaffirming the necessity for following established legal guidelines when handling seized property.
The central legal point established in the judgment is that the findings of fact cannot be revisited unless they suffer from manifest perversity, and the court's decision was based on the positive fi....
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