UNION OF INDIA Vs. BABUBAHI RAMJIBHAI PATEL

JUDGEMENT

(1.) THE present appeal are directed against the order of acquittal recorded by the learned Additional Session Judge, Bharuch in Criminal Appeal No. 14/79, which again was directed against the judgment of conviction recorded by the learned Chief Judicial Magistrate in Criminal Case No. 25/77. The present Respondent along with another were prosecuted for an offence punishable under Section 135 of the Customs act.

(2.) THE facts leading to the prosecution of the two accused can be briefly narrated as under. On 9 -10 -1972 at about 7.00 a.m. a Police Sub -Inspector had intercepted a car bearing No. GJC 1088 on a suspicion. The present respondent along with one other were found in the said car and the luggage booth of the said car when opened was found to contain a huge haul of contraband goods, namely, textile fabrics of foreign origin. Both the accused were prosecuted and the learned C.J.M. came to the conclusion that the prosecution had proved its case beyond a reasonable doubt against both the accused persons. He, therefore, convicted them for an offence punishable u/s 135 of the Customs Act and each one of them was sentenced to undergo R.I. for two years and to pay a fine of Rs. 2000/ - i.d. further R.I. for three months.

(3.) THE present appellant was acquitted and State of Gujarat being aggrieved by the said order has carried the matter before this Court by way of these two appeals.