Writ Petition (Criminal) No. 378 of 2024 with SLP (Crl.) No. 12364 of 2024 (II)

ISHANT GUPTA v. UNION OF INDIA

Date Issued: 17 September 2024
Source: 2024 (390) E.L.T. 628 (S.C.)
Views: 10

Summary

Arrest - Gold smuggling - Interim stay - Search and seizure proceedings had been initiated at business premises of petitioners, proprietors of jewellery shops and summons had been issued to them under Sections 108 based on statement of a third person from whose possession seizure of gold weighing more than 1.5 Kg. was effected by alleging smuggling - Said person had stated that seized gold was pertained to them - Petitioners had sought stay of arrest/proceedings initiated in pursuance to such summons by challenging before High Court validity of Sections 104, 105 and 108 of Customs Act, 1962 empowering Customs officer to arrest, search premises and issue summons, respectively - High Court in impugned order had held that that since gold seized from possession of third person was allegedly smuggled and was to be considered as prohibited goods in view of decision in Bhargavraj Rameshkumar Mehta [2018 (361) E.L.T. 260 (Guj.)], alleged acts or omissions against petitioners had constituted offences relating to prohibited goods which were punishable upto seven years under Section 135(1)(b)(i)(C) ibid and cognizable under Section 104(4) ibid and therefore, provisions of Section 155 of Code…