SUPERINTENDENT OF CUSTOMS Vs. MAINA ALLARKHIA

JUDGEMENT

(1.) BY way of this appeal, the appellant Customs Department has challenged the judgment and order of the learned Chief Judicial Magistrate, Bhuj at Kachchh (for short, 'the trial Court'), Dated : 29.05.1993, rendered in Criminal Case No. 2654 of 1991, whereby, the learned trial Court acquitted the original accused the Respondents, herein, of the charges under Section 135 of the Customs Act.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that while the officials were patrolling the prohibited border area known as Alabandh (Kachchh) on 09.04.1991, at that point of time, they found the footprints of a camel within Indian border, which was coming from the direction of Pakistan. Thus, the officials of the BSF followed the footprints of the camel and they found the original accused Nos. 1 and 2 were carrying smuggled silver. On inquiry it was revealed that they had brought the same for accused No.3. The BSF officials, then, informed the Customs Officers, who seized the muddamal sivler, camel etc. Subsequently, charge -sheet was filed against all the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(3.) BEFORE the trial Court, the prosecution, in support of its case, examined six witnesses.