Home Case Index All Cases Customs Customs + HC Customs - 2022 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 375 - HC - CustomsSmuggling - Gold - Toyota Fortuner - prohibited goods or not - retraction of statements - respondent retracted his earlier statement, where he had admitted that he had brought the gold from Rinchenghang, TAR, China and instead categorically denied its ownership - HELD THAT:- In terms of Section 245 of the Cr.P.C., the Learned Trial Court is indeed required to examine whether any case against the accused has been made out which if unrebutted, would warrant his conviction and in such a circumstance the Magistrate should discharge him. However, the Learned Trial Court cannot weigh the evidence furnished at this stage, on golden scales. The evidence is to be examined for the purposes of a prima facie case. In the instant matter it prima facie appears that gold had been smuggled into the country by the Respondent from Rinchenghang, TAR, seizure of which was made by the SHO, Sherathang P.S., in the presence of witnesses. That, in terms of Notification No.38/96-Customs dated 23-07-1996 as amended subsequently, Gold is not permitted to be imported from China into India by individuals. A prima facie case has been made out by the Petitioner against the Respondent and the Order of discharge of the Respondent is thus perverse and not sustainable. The impugned Order is accordingly set aside - Petition disposed off.
|