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Author: MyLawyer

Best and Experienced Lawyers online in India > Articles posted by MyLawyer (Page 9)
05 August
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Criminal Defense of Requisition Before Search in Gold Smuggling Cases: Best Criminal Lawyer Advice

Posted by MyLawyer
in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

"Gold smuggling is a criminal offense which is non-bailable and non-compoundable in nature. Gold smuggling is squarely dealt under the Customs Act of 1962 and the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPSA), 1974. There are only a limited criminal defenses available in a gold smuggling case. Further, there are limited grounds for bail in a gold smuggling case. Section 2(39) of the Customs Act (CA), 1962 states that smuggling, concerning goods, means that any omission or act which would cause such goods liable to be confiscated under section 111 or section 113 of the Customs Act...

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05 August
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Criminal Defense of Fine in lieu of Forfeiture in Gold Smuggling Cases: Best Criminal Lawyer Advice

Posted by MyLawyer
in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

"Imposition of fine cannot always be allowed against forfeiture of goods under the Customs Act of 1962 or the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act (SFEMA), 1976 respectively. Having said that, the best customs lawyer advice is to ensure the application to be filed before the Customs Officer or before the Court having the competent jurisdiction and to request for non-forfeiture of goods and imposition of fine." Section 2 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act (SFEMA), 1976 is applicable to those persons who have been convicted under Customs Act (CA), 1962 or the...

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05 August
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Criminal Defense for Release of Conveyance in Gold Smuggling Cases: Best Criminal Lawyer Advice

Posted by MyLawyer
in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

"Can a vehicle used for gold smuggling be seized by the Police ? Yes, the vehicle of gold smuggling can be seized by the Police. Can the vehicle used for gold smuggling be released ? Yes, the vehicle used for gold smuggling can be released by the order of the Court having competent jurisdiction. Gold smuggling is a criminal offense under the Indian laws. It is a punishingly offense under the Customs Act of 1962 and Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPSA), 1974 respectively. The vehicle used in gold smuggling is impounded or seized but...

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05 August
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Revocation of Detention Order in Gold Smuggling Cases: Best Criminal Lawyer Advice

Posted by MyLawyer
in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

"Gold smuggling is a nonbailable and non-compoundable criminal offense but mere gold smuggling is not a terrorist act. Different states in India have different quantum of punishment for gold smuggling. The act is a criminal act as per the Customs Act of 1962 and COFEPSA. There are generally very few criminal defenses available to the alleged accused and the grounds for bail in a gold smuggling case are also limited. " Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPSA), 1974 confers power to Central Government, State Government, Officer appointed by the Central Government in...

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05 August
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Criminal Defense of Discharge in Gold Smuggling Cases: Best Criminal Lawyer Advice

Posted by MyLawyer
in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

"The criminal defense available in a gold smuggling case or the grounds of bail available in a gold smuggling case primarily depends upon the direct evidence i.e. firstly whether the smuggled gold was recovered from the alleged accused and secondly whether the alleged accused has been involved previously and/or charged with a gold smuggling case and has criminal antecedents. Circumstantial evidence does not matter much in a gold smuggling case." Section 2(39) of the Customs Act (CA), 1962 states that smuggling, in relation to goods, means that any act or omission which will render such goods liable to be confiscated under...

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04 August
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Legal Advice on Anticipatory Bail on the Ground of Age and Health of the Accused: Best Criminal Lawyer Advice

Posted by MyLawyer
in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

"The age of the accused and the health condition of the accused plays a minimal role in deciding the anticipatory and regular bail application in a criminal case. It is more the nature of the offense alleged and the alleged involvement of the accused in that offense is what matters for the grant of bail. The availability of the evidences and testimonies of the witnesses is also very important in a criminal trial." The most common ground in any type of bail is to show the Court that the accused’s health condition is not good or the accused is senior citizen...

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04 August
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Legal Advice on Anticipatory Bail on the Ground of Relevancy of Evidences Available: Best Criminal Lawyer Advice

Posted by MyLawyer
in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

"An application for anticipatory bail can be filed before the Sessions Court and appeal to the High Court. In a criminal case or criminal trial it is the evidences i.e. direct evidence or indirect evidences and the testimonies of the witnesses which plays a key role both for the prosecution and for the criminal defense. The appreciation of the evidence is done by the Courts and the same acts as the deciding factor for the grant of anticipatory bail and eregular bail in criminal proceedings" Anticipatory bail can be sought on the ground that there is no evidence available against the...

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04 August
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Legal Advice on Anticipatory Bail on the Ground of Role of the Accused in the FIR: Best Criminal Lawyer Advice

Posted by MyLawyer
in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

"An application for anticipatory bail can be filed before the Sessions Court and appeal to the High Court. Role of the accused in the First Information Report or FIR or the name of the accused in the FIR and his/her involvement in the commission of the crime is an important factor i.e. criminal defense and ground for bail. Further, the name of the alleged accused can be added in a criminal case at a later stage i.e. in the charge sheet or supplementary charge sheet." Anticipatory bail can be sought on the ground that the accused had no role in the...

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04 August
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Legal Advice on Anticipatory Bail on the Ground that Alleged Offence does not Imply a Prima Facie Guilt: Best Criminal Lawyer Advice

Posted by MyLawyer
in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

"The establishment of a guilt is a condition precedent to charge or implicate a person in a criminal case as an alleged accused. Further, if a prima facie guilt or prima facie case is not made out by the Police or the Prosecution against the alleged accused then the same is a valid criminal defense or a valid ground for bail in order to obtain anticipatory bail or regular bail. An application for anticipatory bail is filed before the Sessions Court and an appeal is filed before the High Court." Allegation of an offence does not imply prima-facie guilt and this can...

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04 August
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Legal Advice on Anticipatory Bail on the Ground of Previous Conduct of the Accused: Best Criminal Lawyer Advice

Posted by MyLawyer
in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

"The previous conduct of the alleged accused plays a key role in deciding any bail application for anticipatory bail or regular bail in a criminal case. Further, it is a valid criminal defense and a ground for bail as the Courts in India in a given criminal tiral or criminal case always look into the antecedents of the alleged accused. Thus, the previous conduct of the alleged accused and his/her antecedents is an important ground for bail in criminal proceedings against the alleged accused." Anticipatory bails are mostly sought on the basis that the accused had no antecedents or the accused...

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