STATE OF GUJARAT Vs. ALIBHAI RAHEMANBHAI PATANI

JUDGEMENT

(1.) 0 The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 12.1.1982 passed by the learned Chief Judicial Magistrate, Junagadh in Special Criminal Case No. 18/1979, whereby the accused have been acquitted of the charges under Section 135 of Customs Act read with Section 34 and 109 of IPC, leveled against them.

(2.) 0 The brief facts of the prosecution case are as under:

(3.) IT was contended by learned APP Mr. Pandya 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 APP Mr Pandya has also taken this court through the oral as well as the entire documentary evidence. It is also contended by Mr. Pandya that under the provisions of Section 108 of Customs Act, the statements of the accused is required to be considered to convict the accused.