STATE OF MAHARASHTRA Vs. BHAILAL RUPSI SHAH

JUDGEMENT

(1.) THIS is an appeal by the State taking exception to the acquittal of the respondent Bhailal rupsi Shah and Nathalal Rupsi Shah being full brothers and arraigned as accused Nos. 10 and 24 respectively in a prosecution for the alleged commission of offence punishable under Section 120-B Indian Penal Code read with Sections 134 (a) (i) and (b) (i) of the Customs Act, 1962 and section 5 of Imports and Exports (Control) Act, 1947.

(2.) SHORTLY stated, the case against respondents is that they were participants in smuggling operations carried on for many years together by done Lootha. In fact accused No. 10 was the landing agent of Lootha at Karwar. After interception of some of the consignments of the smuggled goods, Officers of the Customs Department started questioning various person. In the course of this investigation, they learned of the part played by respondents and other person. After completion of the investigation, a charge-sheet came to be lodged and the learned additional Chief Metropolitan Magistrate, Bombay, found the respondents not guilty. The resulting acquittal is assailed in this appeal.

(3.) THE defence of the respondents was one of total denial.