KEWAL KRISHAN versus STATE OF PUNJAB

KEWAL KRISHAN versus STATE OF PUNJAB

Section 178A of the Sea Customs Act, 1878, is constitutionally valid. When goods are seized in the reasonable belief of being smuggled, the burden is on the accused to show they are not smuggled; the prosecution need not first prove foreign origin of the goods. The presumption under s. 178A applies in such circumstances.

Parties
Appellant: Kewal Krishan; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
06 March 1962
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Burden of Proof, Presumption Under Customs Law, Constitutionality of Statutory Provisions, Foreign Exchange Regulation
Criminal Law Customs Law Constitutional Law Burden of Proof Presumption Under Customs Law Constitutionality of Statutory Provisions Foreign Exchange Regulation

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Parties

Kewal Krishan

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether s. 178A of the Sea Customs Act, 1878, is constitutional
  2. 2 Whether prosecution must prove foreign origin of goods before presumption under s. 178A applies

Ratio Decidendi

Section 178A of the Sea Customs Act, 1878, is constitutionally valid. When goods are seized in the reasonable belief of being smuggled, the burden is on the accused to show they are not smuggled; the prosecution need not first prove foreign origin of the goods. The presumption under s. 178A applies in such circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appellant to surrender to bail-bonds