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TMI Blog2010 (6) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... law but not an anti-social activity. In default of payment of fine, the petitioner shall undergo rigorous imprisonment for four months. - 1332 of 2002, - - - Dated:- 4-6-2010 - Kanwaijit Singh Ahluwalia, J. REPRESENTED BY: Shri Vikram K. Chaudhri, Advocate, for the Petitioner. Shri H.P.S. Ghumman , Advocate, for the Respondent. [Order].- Present revision petition has been preferred by Mohammnad Akbar @ Muna son of Budhu Khan. He was tried by the Court of Chief judicial Magistrate, Amritsar in a complaint filed by Assistant Commissioner of Customs, Amritsar for an offence punishable under Section 135 of the Customs Act, 1962 (hereinafter referred to as 'the Act'). 2. The trial Court vide its impugned judgment dated 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the same two polythene bags containing foreign currency were recovered, the details of which are as follows: U.S. Dollars (i) 70 of 100 Dollar denomination each = 7000 (ii) 10 of 50 Dollars denomination each = 500 Total = 7500 Pakistani Currency (i) 27 of Rs. 1000 denomination each = 27000/- (ii) 11 of Rs. 500 denomination each = 5500/- Total = 32500/- 5. The total value of the foreign currency, when converted into Indian currency, came to Rs. 2,63,225/-. The foreign currency was seized and a memo under Section 110 of the Act was prepared to this effect. A Panchnama was also prepared. 6. On th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Customs PW-2 were again produced for cross- examination. The complainant also examined Sukhpal Singh, In-charge Malkhana as PW-3, who proved on record the case property, i.e. foreign currency Ex.P1 and other documents. 8. Thereafter, statement of the accused was recorded under Section 313 Cr.P.C. and all incriminating circumstances were put to him. He denied the same and pleaded innocence. 9. The accused petitioner, in defence had examined Mohammad Salim as DW-1, who stated that on 30th January, 1995, the petitioner was found scuffling with the customs officials and denying his possession of the foreign currency. 10. The trial Court relied upon the statement Ex.PD made by the accused-petitioner Mohammad Akbar before the cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndergone considering the nature of recovery and the long pendency of proceedings. To fortify this submission, 'Labhchand Dhan pat Singh Jain v. State of Maharashtra' 1983 (13) E.L.T. 1603 (S.C.) = AIR 1975 SC 182 has also been cited. A Single Bench of Delhi High Court, in 'Mohd. Jamil v. Custom' 2002 (3) RCR (Criminal) 104, recognized the right of speedy trial and considering the fact that the accused had faced ordeal of trial for 12 years, had reduced the sentence to the period already undergone. Counsel for the petitioner has also referred to the order granting bail, wherein it was recorded that on the same allegations, in adjudication proceedings, petitioner was exonerated of all the charges. 13. 1 have perused the statement Ex.PD made ..... X X X X Extracts X X X X X X X X Extracts X X X X
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