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2009 (4) TMI 414

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..... t. [Order]. - Petitioner was convicted under Section 135 of the Custorn5 Act, 1962 ('the Act' for short) vide judgment dated 20-9-2002 by the Chief Judicial Magistrate Amritsar. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/- . Agrieved by the same, petitioner preferred an appeal and the same was affirmed by the Ad .....

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..... e thorough rummaging of the scooter was undertaken by Inspector Jaswinder Singh in the presence of Jasbir Singh and Sucha Singh, independent witnesses. Foreign currency of different denominations valued at Rs. 10,66,975/- was recovered from the search of the scooter. Recovery cum seizure memo was prepared at the spot which was attested by aforesaid in dependent witnesses and was thumb marked by th .....

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..... as Jassa Singh and that he did not know the addresses of Satnani Singh and Lakha Singh, aforesaid. 4. After obtaining the sanction for prosecution, as required under Section 137(1) of the Customs Act and on completion of all other formalities complaint under Section 135 of the Act was filed." 3. After hearing the learned counsel for the parties and going through the record of the case, this pet .....

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..... tor Jaswinder Singh which is duly thumb marked by the petitioner. 5. In order to prove its case, prosecution examined PW1, Inspector Jaswinder Singh, who has deposed as per the prosecution story. PW2 G.S.Gill, Superintendent has duly corroborated the statement of PW1. There is nothing on record to suggest that the prosecution witnesses had falsely involved the petitioner in this case due to enmi .....

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