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2010 (10) TMI 366 - HC - CustomsSearch - Fake Indian currency notes of denomination ₹ 1000/- and ₹ 500/- having total value of RS. 14,97,000/- were found in his possession - Since the case was to be filed by the customs department under Section 135 of the Customs Act, a sanction was obtained for prosecution of the accused under the Customs Act and a complaint was filed before the learned ACMM for prosecution of the accused for smuggling into India fake Indian currency notes - There is no doubt that for taking cognizance of an offence sanction under Customs Act obtaining of sanction was necessary, but the sanction had been granted by the competent authority in this case - In the teeth of facts of recovery of large amount of fake currency notes placed before the ACMM, it is strange that the ACMM did not discuss a single fact of possession of the fake currency by the accused A statement made by the accused under Section 108, unless it is shown that it was not voluntary statement, is an admissible piece of evidence against the accused and cannot be rejected lightly - The accused is liable to be charged for offences if any, committed under the Customs Act and also under Section 489-C of IPC
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