MOHD.SHAMIM
WILL LEMBACK – Appellant
Versus
RAJAN MATHUR – Respondent
( 1 ) THIS is a petition under section 482 of the Cr. P. C. to quash the complaint/proceedings u/s 132 and 135 (1) (a) of the Customs Act, 1962 pending before Shri K. C. Lohia, Additional CJM, New Delhi against the petitioner.
( 2 ) BRIEF facts are that the petitioner came to India on 21. 2. 1991 and reported at the Customs Hall at IGI Airport, New Delhi for Customs clearance for leaving for Frankfurt via Hong Kong. He was asked according to the complaint at the airport as to whether he was carrying any contraband to which he replied in negative. On search of his person and baggage 6 gold biscuits weighing 347 grams alongwith US $ 31,552 were recovered. It led to the arrest of the petitioner by the officers of the Customs Deptt. Later on he was produced before the ACMM, New Delhi who remanded him to judicial custody. The petitioner was released on bail on the same day ie. on 21. 2. 1991. Subsequently, the respondent No. 1 filed a complaint against the petitioner u/s 132 and 135 (1) (a) of the Customs Act, 1962 ( the Act ). The petitioner had withdrawn a sum of US $ 31,552 prior to his departure for Delhi via Kathmandu and the petitioner brought the same alongwith him.
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