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2020 (10) TMI 757 - HC - CustomsSmuggling - Gold Biscuits - offence punishable under Section 135 (i) (i) of the Customs Act - acquittal of the accused - whether the acquittal order passed by the trial court is correct or not? - HELD THAT - The trial court considered the oral and documentary evidence in detail and acquitted the accused. This is an appeal against acquittal. The Apex Court observed that the presumption of innocence attached to every accused persons got strengthen on acquittal of an accused by a trial court - This principle was laid down by Hon'ble Supreme Court in SAMPAT BABSO KALE AND ORS. VERSUS THE STATE OF MAHARASHTRA 2019 (4) TMI 1911 - SUPREME COURT and CHANDRAPPA AND ORS. VERSUS STATE OF KARNATAKA 2007 (2) TMI 704 - SUPREME COURT . The trial court considered all the oral and documentary evidence in detail and came to a definite conclusion that the accused is not guilty. In such circumstances, this Court cannot interfere with the well considered judgment of the trial court in an appeal against acquittal. Appeal dismissed.
Issues:
Appeal against acquittal order under Sections 132 and 135 of the Customs Act. Analysis: The appeal filed by the Assistant Commissioner of Customs challenged the acquittal order against the respondent for offences under Sections 132 and 135 of the Customs Act. The complainant alleged that the accused was found with undeclared gold biscuits and U.S. dollars. The trial court acquitted the accused under Section 248(1) Cr.P.C. The prosecution presented witnesses and exhibits to substantiate the case, but the trial court found the accused not guilty. The appeal questioned the correctness of the acquittal order. The trial court acquitted the accused after considering all oral and documentary evidence. The court highlighted that the presumption of innocence strengthens upon acquittal, as established by legal precedents. The judgment referenced the principles laid down by the Supreme Court regarding reviewing evidence in cases of acquittal. The trial court's detailed analysis led to the conclusion that the accused was not guilty of the alleged offences under the Customs Act. The court emphasized the importance of preventing miscarriage of justice and the presumption of innocence in favor of the accused. The appeal against acquittal was considered in light of the evidence and the trial court's reasoning. The Special Public Prosecutor argued for a presumption under Section 138A of the Customs Act, but the court disagreed. The trial court's detailed examination of the case, including the circumstances of the interception and the accused's possession of gold and foreign currency, led to the conclusion of not guilty. The court noted the absence of certain crucial statements and documents in the prosecution's case, which contributed to the benefit of doubt accorded to the accused. Ultimately, the High Court upheld the trial court's judgment and dismissed the appeal, confirming the acquittal order in the case. In conclusion, the High Court upheld the acquittal order in a case involving allegations under Sections 132 and 135 of the Customs Act. The court emphasized the importance of the presumption of innocence and the need to prevent miscarriage of justice. The detailed analysis of the trial court, considering all evidence and circumstances, led to the conclusion that the accused was not guilty of the offences. The appeal against the acquittal was dismissed, affirming the trial court's judgment.
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