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2009 (12) TMI 233 - HC - CustomsProsecution- Petitioner sentenced to three years imprisonment for smuggling of 360 foreign marked gold biscuits. Second panchnama contended as not placed before sanctioning authority rendering sanction for prosecution invalid. No estoppel against plea of sanction and the same can be raised at any stage. Sanction accorded after due application of mind. Sanction order containing factual narration of case. Second panchnama for display of contraband to television media not a necessary fact to be put before sanctioning authority and not relating to gist of offence. First panchnama on recovery and seizure of gold relevant and same placed before sanctioning authority. Sanction not suffering from infirmity.
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