JUDGMENT - ASHOK AGARWAL, J.:---This is an application filed by the original accused No. 4 under section 482 of the Code of Criminal Procedure for quashing of process issued by the Chief Metropolitan Magistrate, Bombay in Case No. 28/CW of 1986 where under the petitioner along with six others are sought to be prosecuted under section 120-B of the Indian Penal Code read with section 135 of the Customs Act.

2. The facts leading to the filing of the present application can be enumerated as under :---

On the 19th March, 1985 the original accused Nos. 2 and 3 were apprehended at the Sahar Air-port by the Customs Intelligence Officer when they were found to be carrying foreign exchange. On their statements being recorded by the Customs Intelligence Officer, the original accused No. 1 who is the husband of the petitioner was apprehended at the domestic air-port and his statement was recorded separately. During the course of investigation the statements of accused Nos. 5 and 6 were recorded whereby it was revealed that the petitioner/original accused No. 4 was also concerned with the foreign exchange seized from the accused Nos. 2 and 3. Thereafter departmental show cause notices were issue

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