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2022 Supreme(Del) 313

SUBRAMONIUM PRASAD
Air Customs – Appellant
Versus
Begaim Akynova – Respondent


Advocates Appeared:
Mr.Satish Kumar, Senior Government Standing Counsel, for the Appellant, Ms. Sangita Bhayana, Ms. Aishwarya Dwivedi, Advocates, for the Respondent.

ORDER

Subramonium Prasad, J. - This writ petition under Article 226 & 227 of the Constitution of India read with Section 482 Cr.P.C. is directed against Order on sentence dated 24.09.2021, passed by the learned ACMM-01, Patiala House Courts, New Delhi, in C.C. No. 2193/2020 sentencing the Respondent herein to undergo imprisonment for a period already undergone and pay a fine of Rs. 50,000/-for offences under Sections 132 and 135(1)(a) and (b) of the Customs Act, 1962, and Orders dated 27.09.2021 and 29.09.2021, passed by the Ld. CMM, Patiala House Courts, New Delhi, in C.C. No. 2193/2020 directing Customs/Petitioner herein to release the passport of the Respondent herein.

2. The facts, in brief, leading up to this petition are as follows:

    i. It is stated that on 11.09.2019, two passengers - Ms. Aida Askerbekova (Pax-1) and Ms. Begaim Akynova (Respondent herein - Pax-2) were intercepted at T-3, IGI Airport, New Delhi by Customs Officers. When asked to pass through the Door Frame Metal Detector Door (DFMD), a hard beep sound was heard, and Ms. Askerbekova and the Respondent herein w

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