LAWS(GJH)-2009-10-248

N T KACHORIA Vs. IBRAHIM HAJI ISMAIL SAMBHANIA

Decided On October 29, 2009
N T Kachoria Appellant
V/S
Ibrahim Haji Ismail Sambhania Respondents

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 5.10.1987 passed by the learned Chief Judicial Magistrate, Amreli, in Criminal Case No. 1357/1986, whereby the accused have been acquitted of the charges under Section 135 of the Customs Act and 120 -B and 34 of IPC, leveled against them.

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

(3.) IT was contended by learned Advocate Mr Sakil Kureshi 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.