SUPERINTENDENT OF CUSTOMS Vs. BHANABHAI KHALPABHAI PATEL

JUDGEMENT

(1.) The Superintendent of Customs, Valsad, Gujarat has directed this Criminal Appeal on being aggrieved by the judgment of the High Court rendered in Criminal Revision Application No. 400 of 1979 allowing the revision and setting aside the judgment of the first Appellate Court confirming the judgment of the High Court convicting the first respondent (who was arrayed as accused No. 6) before the trial Court.

(2.) The respondent No. 1 along with seven others took the trial for the offence under Sec. 135(i)(b) of the Customs Act, 1962 on the following allegations :

(3.) Though the prosecution examined several witnesses, it completely rests its case only upon two pieces of the evidence, namely, the evidence of P.W. 7 (who was originally the second accused in the complaint filed before the trial Court) and on the statements recorded from Al and A3 under Sec. 108 of the Customs Act.