Prem Kumar vs Customs on 8 February, 2016

+ CRL.M.C. 1990/2010
1. By way of the present petition, filed under Section 482 Cr.P.C.
petitioner has sought to quash the proceedings of the complaint case
no. 19/1/06 titled as Sh. Anil Kumar (Air Customs Officer) vs. Prem
Kumar, pending before the court of ld. ACMM, New Delhi for the
offences punishable under Section 132 and 135 (1) (a) of the Customs
Act, 1962.
2. Mr. Yogesh Verma, ld. Counsel appearing on behalf of the
petitioner argued that vide order dated 12.03.2007 passed in Original
no. 12/2007, Additional Commissioner of Customs, IGI Airport, New
Delhi opined that out of 36110 Euros, 34000 Euros were acquired
illegally in as much as no evidence as regards their lawful acquisition
from an authorized dealer or money changer or otherwise was proved
at the time of seizure or in their reply to show cause notice or at the
Crl. M.C. 1990/2010 Page 1 of 11
time of personal hearing. Both the notices, however, placed sufficient
evidence in support of the lawful acquisition of 1000 Euros each for
authorized dealer. As regards 110 Euros, in his opinion, were lying
unspent from their previous foreign visit. These lawfully acquired
2110 Euros, were, however, used to conceal the 34000 Euros.

Source: Indian Kanoon

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