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Criminal Defense of Fine in lieu of Forfeiture in Gold Smuggling Cases: Legal Advice

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 convicted person under Customs Act (CA), 1962 has been convicted again under Customs Act (CA), 1962 and against whom an order of detention is passed under the COFEPSA. The said act is also applicable to every associate and relative of the convicted person under Customs Act (CA), 1962, or against whom a detention order has been passed under the COFEPSA. Section 4 of the Smugglers and Foreign Exchange Manipulators...

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Criminal Defense for Release of Conveyance in Gold Smmugling Cases: Legal Advice

Section 2(39) of the Customs Act (CA), 1962 states that smuggling, concerning goods, means that any act or omission which will render such goods liable to be confiscated under section 111 or section 113 of the Customs Act (CA), 1960. Section 111 and Section 113 of the aforesaid Act confers power to the customs officers to confiscate illegal import and export of goods. Section 11(1) of the said Act confers power upon Central Government to stop, either subject to such absolutely or condition (to be fulfilled after and before clearance), export or import of any goods by the notification in...

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Revocation of Detention Order in Gold Smuggling Cases: Legal Advice

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 this behalf but such officer shall not be below the rank of the Joint Secretary to detain any person to prevent him from smuggling goods, or abetting the smuggling of goods, or indulging in concealing or keeping or transporting smuggled goods, or dealing in, smuggled gold otherwise than by engaging in keeping or concealing transporting smuggled goods, or harboring persons engaged in abetting the smuggling of goods or in smuggling...

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Criminal Defense of Discharge in Gold Smuggling Cases: Legal Advice

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 section 111 or section 113 of the said act. Section 111 and Section 113 of the aforesaid Act empower the officer of Customs to confiscate illegal import and export of goods. Section 11(1) of the Customs Act (CA), 1962 empowers the Central Government to prohibit, either subject to such condition or absolutely (to be fulfilled after and before clearance), export or import of any goods by the notification in...

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Anticipatory Bail on the Ground of Age and Health of the Accused

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 and so, in case of anticipatory bail too it can be taken as a ground for seeking anticipatory bail. Grant of Anticipatory Bail on the Ground of Age and Health of the AccusedAge and Health conditions of the accused are the most common grounds for seeking anticipatory bail. Court always considers this ground and grants bail to the accused if the Court is of the opinion that the health of the accused is...

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Anticipatory Bail on the Ground of Relevancy of Evidences Available

Anticipatory bail can be sought on the ground that there is no evidence available against the accused and the case is of frivolous nature. The allegations against the accused are made on baseless grounds and there is nothing to prove that the offence is committed by the accused. Grant of Anticipatory Bail on the Ground of Relevancy of Evidences Available-Direct and IndirectA Crime can be categorized into ‘white collar crimes’ and ‘blue collar crimes.’ If a person is accused of White-collar crime and the accused is seeking for anticipatory bail then, the ground on which the bail can be granted is...

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Anticipatory Bail on the Ground of Role of the Accused in the FIR

Anticipatory bail can be sought on the ground that the accused had no role in the FIR and the accused is being dragged in the case which he/she is not even related to or the fact that accused had not played any major role in the alleged offence. Grant of Anticipatory Bail on the Ground of Role of the Accused in the FIRThe Court while dealing with the cases of anticipatory bail are directed by hon’ble supreme Court to keep in mind some factors and one of those factors or direction by the Supreme Court is that the Court must evaluate...

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Anticipatory Bail on the Ground that Alleged Offence does not Imply a Prima Facie Guilt

Allegation of an offence does not imply prima-facie guilt and this can be used as a ground for seeking anticipatory bail. The accused can plead for anticipatory bail if the offence does not show prima-facie guilt. Grant of Anticipatory Bail on the Ground that Alleged Offence does not Imply a Prima Facie GuiltThere are two types of cases. The first category which shows prima-facie guilt of the accused and the second one in which it is not clear if the alleged offence is committed by the accused or not. In the cases where it is prima-facie that the accused have committed...

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Anticipatory Bail on the Ground of Previous Conduct of the Accused

Anticipatory bails are mostly sought on the basis that the accused had no antecedents or the accused had never undergone imprisonment on conviction by any Court in respect of any cognizable offence. Grant of Anticipatory Bail on the Ground of Previous Conduct of the AccusedBefore granting any type of bail, the Court always considers if the accused would repeat the same offence if released on bail or a threat to the society or if the accused have done the similar or any other offence in the past. In case of anticipatory bail applications, the Court has to look into the...

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Anticipatory Bail on the Ground of Previous Relationship between the Accused and the Complainant

Anticipatory bail can be sought on the ground that there is no relationship between the accused and complainant and the allegations are vague in nature or frivolous case is launched against the accused. Grant of Anticipatory Bail on the Ground of Previous Relationship between the Accused and the ComplainantRelationship between the accused and the complainant matters a lot, if the accused have no relation with the complainant, then it also suggests that the case launched against the accused is frivolous and the allegations are made on groundless basis and vice-versa if the accused have any sort of relationship with the...

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