K H GOEL Vs. CHANDRAKANT ISHWARLAL

JUDGEMENT

(1.) WHEN the matter is called out, none appears for opponent nos.1 and 2.

(2.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Chief Judicial Magistrate Court, Bhavnagsar dated 27.04.1993 rendered in Criminal Case No.4347 of 1993, whereby the learned Trial Judge acquitted the original accused opponents herein of the charges for the alleged offences.

(3.) THE brief facts of the prosecution case are that on 07.06.1985, the smuggled goods is to be transported which has landed at Gadhada sea coast, by trucks, the Police Sub Inspector Mahuva immediately left for Gadhada Village with his Police Party. On cross way of Gadhada -Khared, he saw a truck coming from Gadhada side towards Mahuva and he gave a signal to stop the said truck. The driver of the truck stopped it. There were four persons sitting in the truck including the driver. It is further case of the prosecution that on inquiry, they disclosed their names as (1) RavjibhaiAmbalal Thakor, driver (2) PravinHimatlal Acharya (3) Chandrakant Ishwarlal Acharya and (4) Dilip Bachubhai Gandhi. The Police Sub Inspector examined th contents of the truck and it was found that the truck was loaded with packages of smuggled goods concealed below the onion bags. Therefore, the aforesaid truck along with aforesaid four persons was brought to Mahuva Police Station for detailed search. Meanwhile, the local customs authorities were also informed about the same and they arrived at Police Station, Mahuva immediately. The Police Sub Inspector, Mahuva handed over the said loaded truck to Customs Officer for further action under the Customs Act, 1962 and called the panchas for detailed examination of the goods loaded in said truck No.GRN3880. Upon inquiry, Mahesh Ishwarlal Ramavatalias Acharya made his truck available for transporting the smuggled goods which was found abandoned near Gadhada Village which was found to be carrying 48 packages of smuggled goods valued at Rs.49,76,700/ - which were seized under proper panchnama by Customs Officer. After the necessary procedures, a complaint was lodged.