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2009 (5) TMI 517 - PUNJAB AND HARYANA HIGH COURTSmuggling-prosecution- Complaint in the present case was filed by the Assistant Collector, Customs Division, Amritsar. A BSF party consisting of M.S. Raghawa, Assistant Commandant, Devi Dutt, Driver, and other officials held a special naka at India- Pakistan Border and at a distance of about 300 meters of the Border, they apprehended Harvinder Singh with Indian currency notes of Rs. 13,56,000/- . The BSF party also recovered three chits written in Urdu on exercise book paper from possession of Harvinder Singh which furnish details regarding the persons who indulge in smuggling of gold in the territory of India and exchange foreign currency with gold. On 29-8-1985, Avtar Singh was arrested. Held that- recovery of more than Rs. 13 lakh in 1985 huge and such huge amount cannot be planted on petitioner. No explanation for roaming near border with huge amount. Trial pending for 24 years and delay taken into account to reduce sentence from two years to one and half year.
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