SUPERINTENDENT OF CUSTOMS Vs. JACAB BAVA PADHIAR

JUDGEMENT

(1.) THE appellant -Superintendent of Customs, Kutch -Bhuj, has preferred this Appeal under Section 378(4) of the Code of Criminal Procedure against the Judgment and order of acquittal dated 2 -3 -1989 passed by the learned Chief Judicial Magistrate, Kutch -Bhuj, in Criminal Case No. 4415 of 1988, whereby the learned Magistrate has acquitted the respondents -original accused of the charges levelled against them.

(2.) THE short facts of the prosecution case is that on 2 -2 -1987 the Police received an information that some contraband smuggled goods were hidden in forest area of village Lifri and Bhadru of Kachchh District. On receipt of the said information the DSP immediately sent the Police party to the said place where the Police found Video Cassette Recorders, Video Cassettes, etc. It is alleged that the search was carried out during night time and, therefore, the panchnama could not be prepared and goods were brought to Bhuj. Thereafter, on 3 -8 -1987 the panchnama was prepared and goods worth Rs. 27,24,425/ - were seized by the Customs Authority on a reasonable belief that the same was smuggled goods. Thereafter, the investigation was carried out and it has come to the notice of the customs Authorities that the said goods were belonged to accused No. 1 and with the help of accused Nos. 2 to 12 the accused No. 1 has smuggled the same. Thereafter, on completion of investigation the complaint was filed in the Court of learned Chief Judicial Magistrate, being Criminal Case No. 4415 of 1988.

(3.) BEING aggrieved and dissatisfied with the said Judgment and order dated 2 -3 -1989 passed by the learned Chief Judicial Magistrate, Kutch -Bhuj in Criminal Case No. 4415 of 1988, the appellant, has preferred the above mentioned Criminal Appeal.