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Issues:
- Appeal against order of acquittal under Section 135 of the Customs Act. - Application of Section 138A of the Customs Act in judging culpable mental state. - Reliance on evidence and statements to prove complicity of the accused. - Burden of proof on the accused to disprove mental state. - Interpretation of statutory provisions and case law. Analysis: - The judgment involves appeals against the acquittal of the present respondent and another accused under Section 135 of the Customs Act. The prosecution had proven their guilt beyond a reasonable doubt, leading to their conviction by the Chief Judicial Magistrate. However, the Additional Sessions Judge acquitted the present respondent, prompting the State of Gujarat to appeal the decision (Para. 1-4). - The key issue raised was the application of Section 138A of the Customs Act concerning the presumption of a culpable mental state. The prosecution argued that once mens rea is presumed, the burden shifts to the accused to prove otherwise. However, the defense contended that the evidence presented, particularly the statements and circumstances, indicated the accused's lack of knowledge or intent regarding the contraband goods (Para. 6-10). - The prosecution heavily relied on a statement by the original accused, which also absolved the present respondent of direct involvement in the crime. The court emphasized that to rely on such evidence, the entirety of the statement must be considered, not selectively. Additionally, the circumstances and statements presented did not conclusively establish the present respondent's complicity, as both accused consistently denied knowledge or participation in the smuggling operation (Para. 9-10). - The judgment delved into the interpretation of Section 138A and cited relevant case law to highlight the requirement of knowledge or reason to believe in establishing guilt under the Customs Act. The court concluded that in this case, the evidence did not support the prosecution's argument of the accused's awareness or involvement in the smuggling activity. Therefore, the order of acquittal by the Additional Sessions Judge was deemed justified, leading to the dismissal of the appeals (Para. 11).
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