9911796707
|
Home
Issues Involved: Imposition of penalty on appellants u/s smuggling and transportation of impugned goods, reliance on statement of co-accused as evidence, sufficiency of evidence to establish guilt.
Summary: 1. The appeals were against penalties imposed on appellants for their involvement in smuggling and transportation of goods, later reduced by the appellate authority. 2. The main charge was based on the statement of the driver implicating the appellants and misleading Investigating Officers, upheld by the appellate authority which reduced the penalties considering the circumstances. 3. Appellants' representative argued lack of substantial evidence, citing a Supreme Court judgment that a co-accused's statement alone is insufficient evidence. Claimed the appellants were innocent laborers. 4. Respondent's representative countered, referring to legal precedents where a co-accused's statement with corroboration can be substantial evidence, unlike in cases without corroboration. 5. The Tribunal observed that penalties were solely based on the driver's statement without independent corroboration, citing legal principles that uncorroborated co-accused statements are not conclusive. Thus, the penalties were set aside as unwarranted. Decision: The personal penalties imposed on the appellants were set aside, and the appeals were allowed with consequential relief.
|
