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2012 (12) TMI 889 - HC - CustomsConcealment of medicinal powder in the Shampoo and Talcum Powder bottles - confiscation order & penalty - Held that:- Another Single Judge of this Court in a petition filed by the mother of petitioner Mrs. Chinta Devi in Chinta Devi Vs. Rajesh Arora Air Custom Officer [2011 (7) TMI 986 - DELHI HIGH COURT] had quashed the proceedings in the aforesaid criminal complaint on the ground that her exoneration by the Joint Secretary, Government of India, had attained finality. Joint Secretary to the Government of India has accepted the contention of the petitioner that she had no knowledge about the substances in the aforesaid shampoo and talcum powder bottles, therefore, in this case there cannot be any mens rea since the petitioner had no knowledge about the substance found in the aforesaid bottles. The Joint Secretary has maintained the order of confiscation and the same has not been challenged by the petitioner since the said two bottles were of the substances which are not permissible to be given to the petitioner. Under the Customs Act, 1962 there is complete restriction on the aforesaid substance, which the petitioner has brought from Hong-kong, without her knowledge, therefore, her state of mind cannot be said to be having an intention to import or smuggle the aforesaid substance - Thus in the present case the criminal proceedings pending before the trial court cannot go on, against the petitioner, since the petitioner has been fully exonerated by the Joint Secretary to the Government of India, and same has attained the finality.
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