SUPERINTENDENT OF CUSTOMS Vs. UMAR MUSA BHAYA

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 25.1.1990 passed by the learned Chief Judicial Magistrate, Junagadh in Criminal Case No. 8497/1989, whereby the accused have been acquitted of the charges under Section 135 of the Customs Act, 1962, leveled against them.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by learned Advocate Mr. Oza that the judgment and order of the trial Court is against the provisions of law; the trial Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned Advocate has also taken this court through the oral as well as the entire documentary evidence. Mr. Oza has further contended that the learned Judge has not considered the oral evidence led before the trial Judge. He has also contended that simply the learned Judge has considered the evidence of witnesses in a contradictory manner and the judgment and order is not proper and is against the provisions of law and the same is required to be set aside.