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TMI Blog1991 (10) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... rs and a fine of Rs. 75,000/- or in default SI for six months under the second count. 2.The case of the prosecution in brief is that the petitioner on 6-4-1990 at IGI Airport, New Delhi from Frankfurt by flight No. LH-700. She tried to pass through the green channel. Near the exit gate she was intercepted by R.K. Parasar, Air Customs Officer. On enquiry she denied carrying any contraband articles. She was then asked to pass through the metal detector which indicated presence of some high density metal on her person. The petitioner was then subjected to search by a lady customs officer in presence of two more ladies. The search resulted in the recovery of 100 gold biscuits with foreign markings, weighing 10 tolas each concealed in three cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and etc. v. Abdulkadar Ancalnani Masmani and Others - 1991 (55) E.L.T. 497 (Guj.) = 1985 Crl. L.J. 324 (Vol. 91) and V.P. Sayed Mohmmed v. Asstt. Collector of Central Excise, Calicut, 1973 Crl. L.J. 1551 (Volume 79). I have carefully gone through both these authorities. These are not at all attracted to the facts of the present case. In the first case the recovery was of foreign origin synthetic fabrics from a residential premises under the reasonable belief that the said goods were of foreign origin and as such smuggled goods and liable to confiscation. The recovery was also by the Superintendent of the Customs department. He was held to be not a proper officer and therefore, the seizure could not be said to be covered under Section 123 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the view that the evidence examined by the prosecution as also the confessional statement made by the accused, it was amply proved that gold recovered from the petitioner was of foreign origin. 7.The other contention raised on behalf of the petitioner is on the point of sentence. Learned Counsel has urged that father of the petitioner died during the pendency of the prosecution. She also suffers from pepticulcer. Therefore, it was in the fitness of the things that her sentence is reduced. In this respect, it may be noted that it is clearly proved that the petitioner knowing it fully well that the import of the gold biscuits was prohibited, did import the gold intentionally. Poverty or insufficient means of subsistence, in my view, are n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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