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2005 (1) TMI 115

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..... imprisonment coupled with fine of Rs. 1000/- for the offence under Section 132 of the Customs Act and to imprisonment for one year coupled with fine of Rs. 1000/- for the offence under Section 135(1)(a) of the Customs Act. The brief facts of the case is as follows : Petitioner arrived at the I.G.I. Airport, New Delhi on 27th December, 1988 and when intercepted at the exit gate of the Customs arri .....

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..... ported the complaint. After hearing both the parties the learned ACMM framed the charge. Thereafter, the witnesses were produced in the box again for the purpose of cross-examination. After conclusion of trial the statement of the accused under Section 313, Cr.P.C., was recorded. No defence evidence was produced. Petitioner denied the allegations and pleaded that he was innocent. 3. Learned ACMM .....

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..... dge. 5. Learned Counsel for the petitioner does not dispute the finding on facts which resulted in the conviction except the question with regard to value of the gold recovered from the petitioner. Petitioner never questioned, during trial or during appeal, the value of the gold seized from him was worth Rs. 1,06,200/-. The reason for challenging the value at this stage is to overcome the provisi .....

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