1989 (1) TMI 130

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....ution against them quashed on the ground that in a Customs enquiry they have been let off. 2. The brief facts are as follows : On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Section 135(l)(a) and 135(l)(b) punishable under Cla....

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.... 4. Miss Mane appearing for the Applicants submitted that the sanction itself is bad in law inasmuch as the Appellate Authority under the Customs Act has exonerated the Accused. She also submitted that, in any event, since the Accused have been exonerated under the Customs Act and seizure of the goods is not under the Customs Act, the prosecution cannot rely on the presumption that is provided u....