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2010 (6) TMI 105 - HC - CustomsProsecution- The present petition made by the petitioner on the order of the Assistant Commissioner of Custom, Amritsar for an offence punishable under section 135 of Custom Act, 1962. Held that- Petitioner was not a habitual smuggler. It cannot be ruled out that in the year 1995 when the liberalization had not taken place and rigor of the law regarding use of foreign currency was stringent, the petitioner, for the purposes of shopping or gaining some advantage, may have been allured to carry the foreign currency. In these circumstances, the act of the petitioner may be considered as a breach of law but not an anti-social activity. In default of payment of fine, the petitioner shall undergo rigorous imprisonment for four months.
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