ASSISTANT COLLECTOR OF CUSTOMS Vs. SRIKANT VINAYAK HARSHA

JUDGEMENT

(1.) THIS is an appeal filed by the Assistant Collector of Customs, Rummaging and Intelligence, bombay, against an order of acquittal passed by the Additional Chief Metropolitan Magistrate, 8th Courts, Esplanade Bombay, on 12th July 1982, in Case No. 35/cw of 1980. The accused, four in number, were charged with offence under Section 5 of the Import and Exports (Control)Act and Section 135 (1) (a) (ii) of the Customs Act. The charge was that on 15th March 1977, the respondents along with accused No. 1 Bhatia (who has been absconding since the date of the offence) attempted to export out of India, 17 reels of a feature film "geeta Mera Naam" valued at rs. 13,000/- without an export licence and thereby committed breach of Export (Control) Order. They were also concerned in a fraudulent evasion of the prohibition imposed under the Imports and Exports (Control) Act which is also punishable under Section 135 (i) (ii) of the Customs Act. The prosecution case has been stated in detail by the learned Additional Chief Metropolitan magistrate in his judgment and it is not necessary to report the same. It could be briefly stated thus :

(2.) AGGRIEVED by this order, the present appeal has been filed. Though served, the Respondents have not appeared and I have heard the learned Counsel Shri Gupta appearing on behalf of the applicant.

(3.) THE appeal had been filed and leave had been granted by this Court on 26th April 1983. The learned counsel for the appellant urged that the learned Magistrate did not approach the evidence properly and that had led to the acquittal as a result of which there has been a miscarriage of justice. Short point, therefore, arises is whether the order of acquittal calls for interference in the appeal.