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2004 Supreme(P&H) 547

AMAR DUTT
Saiyyad Iftikhar Hussain – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vikram Chaudhri, Advocate.
For the Respondent:Mr. Jagjit Singh, Asstt. Advocate General, Punjab.

JUDGMENT

Amar Dutt, J. - Saiyyad Iftikhar Hussain has filed the present appeal to challenge the conviction and sentence recorded against him by the Additional Sessions Judge, Amritsar.

2. The facts, in this case, are not in dispute. The appellant is a Pakistani National, who was apprehended on 4.7.2000 by Sukhbir Singh, Inspector Customs, PW 4 at the time when he alighted at Atari Railway Station from Samjhauta Express Train coming from Lahore. At clearance counter No. 8 his personal search led to the recovery of passports bearing Pakistan No. H-860362 Ex. P-1 and Ex. P-2 and a fake Indian currency note of Rs. 500/- denomination, Ex. P- 3. At that time, he also had in his possession Rs. 2,000/- of Pakistani currency and Rs. 1,150/- of Indian currency. On the note being found to be fake, a challan was put in against him under Section 489-C Indian Penal Code, to which he pleaded not guilty. His trial ended in conviction. Hence, this appeal.

3. Learned counsel for the appellant has confined his submission to a narrow compass. According to him, though his client may have been found in possession of a note, which has been found to be forged or counterfeit, yet in the absence of any evide









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