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2015 Supreme(Del) 1618

ASHUTOSH KUMAR
V. K. Jain – Appellant
Versus
C. B. I. – Respondent


Advocate Appeared:
Mr. O.P. Sharma with Ms. Sangita Bhayana and Mr. Vikas Sharma, Advocates.
Ms. Sonia Mathur, Standing Counsel with Mr. Rajat Soni, Advocate.

Judgment

Ashutosh Kumar, J.

1. V.K. Jain impugns the judgment and order of conviction dated 21.3.2006 and 24.3.2006 respectively passed by the learned Additional Sessions Judge, New Delhi in Sessions Case No.560/1996 arising out of RC No.9/88, SIU-XI, New Delhi whereby the appellant has been convicted under Section 489C of the IPC and has been sentenced to undergo R.I for two years, fine of Rs.1000/- and in default of payment of fine simple imprisonment for one month.

2. On 28.10.1987, the premises of the appellant was searched pursuant to the search warrant issued by J.C. Makhija (not examined), Assistant Director, Enforcement Directorate. During the search 1563 US dollars (15 of 100 denomination, 61 of 1 denomination and 1 of two denomination) along with other foreign currency and gold were seized. The aforesaid articles including the currency notes were found kept in a cloth bag which was concealed in the room which was in occupation of the appellant.

3. After the investigation, chargesheet was submitted against the appellant whereupon cognizance was taken and the appellant was put on trial.

4. Eleven witnesses were examined on behalf of the prosecution in order to bring home the cha










































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