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2005 Supreme(Mad) 66

V.KANAGARAJ
Anwar Aneesur Rehman – Appellant
Versus
The Deputy Commissioner of Customs, Prosecution Unit (Air), Customs House, Chennai – Respondent


Advocates:
Habibulla Basha, Senior Counsel for V.S. Vankatesh, for Petitioner.
R.Dhanapal Raj, Special Public Prosecutor for Customs, for Respondent.

ORDER: This Criminal Original Petition has been filed praying to set aside the order dated 13.10.2004 made in Crl.R.C.No.137 of 2004 by the Principal Sessions Judge, Chennai, thereby confirming the orders passed by the Additional Chief Metropolitan Magistrate, E.O.II, Egmore, Chennai in M.P.No.896 of 2004 dated 5.5.2004 and M.P.No.2671 of 2003 dated 30.9.2003, further praying to return of the passport bearing No.Z 073913 dated 7.2.2000 issued by the Regional Passport Office, Chennai, which is in the custody of the Additional Chief Metropolitan Magistrate, E.O.II, Egmore, Chennai-8.

2. Today, whent the above matter was taken up for consideration, on a perusal of the materials placed on record and upon hearing the learned senior counsel for the petitioner and the Special Public Prosecutor for Customs contra, it comes to be seen that the petitioner was arrested by the respondent on 11.7.2002 in R.R.No.61 of 2002 for the alleged offence under Sec.132 of the Customs Act, for being found in possession of Indian Currencies valued at Rs.41,60,000 and for attempting to smuggle the same, out of India by concealing them in his suitcases; that the petitioner was granted bail in Crl.O.P.No.20489











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