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1977 (10) TMI 42 - SUPREME COURTWhether the trial court had power to order confiscation of the goods found in appellant's possession while convicting him under Section 135 of the Customs Act? Held that:- It is true that the foreign currency seized from the appellant's possession was property in respect of which an offence was committed, but this fact alone did not call for an order under Section 452(1) in the circumstances of the case, and the order passed, besides being unwarranted, is likely to create complications if in respect of the foreign currency a proceeding under the Customs Act is pending or the Customs authorities have made any order with which the Magistrate's order is inconsistent. We therefore allow the appeal and set aside the order of confiscation passed by the Magistrate and affirmed by the High Court.
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