SURESH KAIT, J.

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 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.

3. Acc