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TMI Blog2015 (3) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... had seized the fake Indian currency notes worth Rs. 14.99 lakhs from Shri Mohammad A.T. and the appellant Shri N.P. Thafsal, of Tellicherry on 19/06/2007 while they were travelling in a Wagon R car bearing registration No. KL 13M 2675 near to Cheruvanoor Co.-op Bank, Calicut. Shri N.P. Thahir was the owner of the said vehicle and he had already permitted his brother Shri N.P. Thafsal to use the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eruvanoor and collected the carton. Shortly thereafter the Wagon R car in which Mohammed AT and Thafsal were travelling was intercepted by the DRI officers and recovered the cardboard containing the fake currency notes. Proceedings were initiated against 5 persons, among whom appellant also one, culminated in imposition of penalty of Rs. 2 lakhs. Aggrieved by imposition of penalty, the appellant h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the time limit to seek such leave is over. 3. After hearing both the sides and going through the records, I find that the Hon'ble Court in paragraph 27 of the order made the following observation:- 27. It is true that third accused was driving the car which contained the cardboard carton containing counterfeit currencies in which the second accused was also travelling. But Ext. P.5 statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dence tendered by prosecution witnesses and Ext. P.7 statement will not prove that third accused had possessed counterfeit currencies. The evidence on record does not prove that 3 rd accused was knowingly concerned in smuggling of the counterfeit currencies in violation of prohibition. 4. The observations of the Hon'ble Court clearly show that the appellant has been found to have no knowledge ..... X X X X Extracts X X X X X X X X Extracts X X X X
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