Customs case
Ishita Tiwari
(Querist) 28 June 2019
This query is : Resolved
My uncle's house was raided by customs officers and they seized some gold and silver items valued a little more than 50 L. They were from preventive department. None of the item was of foreign origin but a false case was filed against him under section 135 in the Customs Act, 1962. His son was arrested and was kept under their arrest for the whole night as my uncle is a heart patient, his young son took the blame. The next day he was granted bail from the metropolitan court. Since then he was summoned thrice by customs officer to show proof of possession or documentation for which the documents were produced which was his family property. Since then, there had been at-least 4-5 hearings but the convicted has always attended on each & every hearing but none from the customs have attended and the government lawyer tends to ask more time for investigation. My question is, is it ethical or lawful to harass someone like that ? Shouldn't the case be dismissed because they haven't found any evidence against the accused for more than one year? His son wants to pursue his masters course in science from another city/state but fears this case might end his career. What can be done lawfully to stop this bullying practice ?
Dr J C Vashista
(Expert) 30 June 2019
The accused has already engaged an able, competent and intelligent lawyer who have secured bail for him, seek his opinion and guidance as s/he is better aware about the facts and circumstances of the case.
If you have lost faith in your lawyer or s/he is incompetent change him/her immediately.
It would be inappropriate to form an opinion and advise on the basis of limited information posted by you.
P. Venu
(Expert) 03 July 2019
It appears that you have not posted the complete facts.
Hemant Agarwal
(Expert) 05 July 2019
1. In court cases filed by Govt. Dept., you can never ever expect quick justices. The trial takes considerable time (few years) and based on documentary evidences, the accused is acquitted /convicted. Further there is nothing classified as "harassment or unethical" for cases filed by Govt. depts and neither such cases can be expedited . It is just simply bad luck.
Keep Smiling .... Hemant Agarwal
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