Law: Customs Act, 1969

Section: 156

(a) Customs Act (IV of 1969)--S. 156(l) (8)-Appreciation of evidence-" Attempt to smuggle-Accused himself admitted that he was proceeding to India and was in possession of the gold coins and Indian currency when he was checked at the border-- Question whether accused had disclosed the possession of said article to the Custom staff, when he was checked, or the same were recovered, after he had denied knowledge of the same-­ Prosecution witnesses i.e. Custom Inspector and Deputy Superintendent Customs had no enmity with the accused, nor any had been suggested-- Accused in his statement under S.342, Cr.P.C had supported his own case-- Evidence of prosecution, held stood unrebutted in that connection in circumstances. (b) Customs Act (IV of 1969)-- --- Ss. 158, 159(l) & 156 (1) (8) --Search-- Attempt to smuggle-- Customs Inspector, before searching the accused did not inform him about his right to be taken to a gazetted officer of Customs or a Magistrate for such search and, if he so desired, to take him, without unnecessary delay to the said gazetted Officer or Magistrate before searching him-- Held, Customs Inspector had the right to search the accused under S. 158, if he had first informed the accused that he had a right to be searched before a gazetted Officer of Customs or a Magistrate, if he so desired, and accused had waived such a right.-­[Search]. (c) Customs Act (IV of 1969)-- ---Ss. 159 & 158(l)--Object of S. - 159--Search--Right of accused--Legal procedure of search.--[ Search]. The object of section 159 of the Customs Act, 1969 is to prevent highhandness being committed by Customs Officers and innocent persons being falsely involved. In a genuine case the person affected would like to seek protection of a Senior Officer of Customs or the Magistrate, where he could also plead his case. The said section is intended to meet such a case, for if the gazetted officer of Customs or the Magistrate sees no reasonable grounds for search, he may forthwith discharge the person and record reasons for doing so, otherwise he would direct that search be made in the presence of two witnesses. Where neither of the Customs Officers viz Custom Inspector and Deputy…

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