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2012 (2) TMI 222 - HC - CustomsRevision petition filed u/s 397 r/w 401 of the CrPC against order of discharge u/s 245CrPC - smuggling of ball bearing - respondents challenging maintainability of the present revision petition – validity of the sanction and also non-examination of the sanctioning authority - Held that:- The petitioner had the concurrent option of filing revision before the Sessions Court or this Court hence, present revision petition is certainly maintainable. Validity of sanction - The sanction order fully sets out the material facts and the offences disclosed by those facts. Moreover, Officer signing the sanction order is not required to state that he had personally scrutinized the file and had arrived at the required satisfaction. The non-availability or non-association of independent witness cannot be a ground for discharge or acquittal in all cases. Therefore, petition is allowed and the impugned order is set aside. The matter is remanded back to the court of learned ACMM, New Delhi.
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