H.C. JANGIPURIA Vs. P. MADHAVAN AND ORS.

JUDGEMENT

(1.) Totally seventeen persons were arraigned as accused in Criminal Case No.25 of 1992, filed before the Chief Judicial Magistrate, Ratnagiri, on the allegation that they had committed offences punishable under Sections 135(I)(a)(i) and 135(I)(b)(i) of the Customs Act read with Section 34 of the Indian Penal Code (IPC). However, two of them could not be tried at all as they absconded. One was discharged by the learned Magistrate. Four were acquitted by him after holding a trial. Respondent nos.1 to 10 herein were convicted by him. When the said respondents, however, appealed to the court of Sessions, the court of Sessions allowed their appeals and acquitted them. Being aggrieved by their acquittal, the original complainant i.e. the Assistant Collector of Customs, has filed the present appeal against the order of acquittal, after obtaining special leave of this court.

(2.) I have heard Smt. Rebecca Gonsalves, the learned counsel for the Appellant. I have been taken through the facts of the case and the impugned judgment.

(3.) In paragraph 18 of the impugned judgment, the learned Judge has elaborately dealt with the prosecution case and the evidence adduced. He has given his reasoning for coming to the conclusion that the respondents were entitled to be acquitted, which is summed up in the said paragraph.