2006 (5) TMI 96

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....separate orders which are impugned in these petitions. 2. The facts involved in these three impugned orders are identical. For the sake of brevity, the facts noticed in the impugned order passed in the case of accused Girish Dhawan (in paragraph 2 thereof) are set out herein below :- "The officers of DRI, Delhi Zonal Unit, intercepted a consignment of Antiquities which were being allegedly attem....

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....Act, 1972." 3. The accused relied upon a decision of a learned Single Judge of this Court in the case of Dr. V.J.A. Flynn v. S.S. Chauhan & Another : 1996 JCC 424, in support of their pleas of discharge under offences alleged to have been committed by them under Sections 132 and 135(1)(a) of the Customs Act, 1962. It was their contention before the learned ACMM that when a special act and a speci....

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....pondents. Mr. Aggarwal submits that the said decision of this Court in the case of Dr. V.J.A. Flynn (supra) was taken up to the Supreme Court by way of a Special Leave Petition. He further submits that notice had been issued by the Supreme Court in that case. However, the matter could not be carried any further as the petition, in the meantime, had become infructuous. So there was no decision rend....