Supreme Court of India

Vinod Solanki v. Union of India & Anr.

Neutral citation

Reported as [2008] 17 S.C.R. 1070

Bench S.B. Sinha and Cyriac Joseph JJ.

Decided 18 December 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that a statement recorded by Customs Officers under Section 108 of the Customs Act is admissible in evidence.

Judgment, page 22

From the headnote

Foreign Exchange Regulation Act: ss.8(3), 9(1) - Violation of - Confession - Retraction of - Imposition of penalty- Tribunal placed burden to prove that c;onfession was obtained from him by threat, coercion or force upon proceedee - Affirmed by High Court - Held: Initial burden to prove that confession was voluntary in nature and not obtained as an outcome of threat is on the department - Special or peculiar knowledge of person proceeded against would not relieve prosecution or department altogether of burden of producing evidence in support· of its case - With a view to arrive at a finding

Authorities it was built on

1968 Romesh Chandra Mehta v. State of West Bengal cited by 9
2006 Babubhai Udesinh Parmar v. State of Gujarat cited by 7
1997 K.I. Pavunny v. Assistant Collector (head Quarter), Central Excise Collectorate, Cochin cited by 6
2000 The Assistant Collector of Central Excise, Rajamundry v. Duncan Agro Industries Ltd. and Ors. cited by 5
1999 Pon Adithan v. Deputy Director, Narcotics Control Bureau, Madras/. I cited by 5
2001 Gulam Hussain Shaikh Chougule v. S. Reynolds, Suptd. of Customs, Marmgoa cited by 2
1962 Shanti Prasad Jain v. The Director of Enforcement cited by 1

Where later benches applied it

2014 A. Tajudeen v. Union of India mentioned

Of those, 1 mentioned

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