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TMI Blog2009 (10) TMI 773X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1984 are hereby confirmed. The order of acquittal of respondents-original accused Nos. 1, 2 & 4 of Criminal Appeal No. 611 of 1987 of the offences charged against them is hereby confirmed. The order of conviction and sentence passed against the original accused No. 3-appellant in Criminal Appeal No. 104 of 1992 is also confirmed. - Criminal Appeal No. 611 of 1987 with Criminal Appeal No. 104 of 1992 - - - Dated:- 26-10-2009 - Z.K. Saiyed, J. Shri K.T. Dave, Harin P. Raval and Ms. Sadhna Sagar, for the Appellant. Shri M.J. Buddhbhatti, Mohd. Hanif Shaikh and K.V. Pandya, APP, for the Respondent. JUDGMENT Criminal Appeal No. 611 of 1987 has been filed by the Union of India, challenging the Judgment and order dated 12-6-19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ational Highway No. 8 and, therefore, they gave indication to stop the Said vehicle, but it did not stop. The officers, therefore, chased the said vehicle and while making efforts in chasing the said vehicle, the vehicle of the department turned turtled. The station wagon, bearing No. GAG 8438, was intercepted but the persons in the said vehicle run away. The said vehicle was thereafter brought at Vapi Custom House. In the presence of panchas panchnama was made and 7601 wrist watches, approximately valued at Rs. 22,80,300/-, were found out from secret cavity of the said vehicle. It is alleged that no documents regarding the said watches were found out and, therefore, it was reasonably believed that the same were smuggled goods. 4. Thereaf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i/d to further undergo RI for nine months. 8. Being aggrieved by and dissatisfied with the Judgment and order dated 12-6-1986 passed by the learned Additional Chief Judicial in Criminal Case No. 35 of 1984, the appellant-Union of India has filed Criminal Appeal No. 611 of 1987 before this Court. However, being aggrieved by and dissatisfied with the said Judgment of the Additional Chief Judicial Magistrate, Valsad, of awarding sentence of 2 years and fine of Rs. 10,000/- to the original accused No. 3-Ramji Hira Sosa, he has filed Criminal Appeal No. 38 of 1986 in the Sessions Court, Valsad. Thereafter, vide order dated 3-2-1992 passed by this Court (coram : J.U. Mehta, J.) the said Criminal Appeal No. 38 of 1986 has been ordered to be hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 135 of the Customs Act. She has contended that the statement recorded under Section 108 of the Customs Act was ex-culpatory. She has contended that the prosecution has miserably failed to establish the facts of two registration numbers of the alleged vehicle. She has contended that the lower Court has erred in arriving at a conclusion only on a hypothesis and on an inference that the vehicle was the same though the numbers were different. She, therefore, contended that the appellant-accused No. 3 has been wrongly held guilty by the learned Magistrate and the benefit of doubt may be given to him and he may be acquitted from the charges alleged against him. 12. Thus, it is a settled principle that while exercising appellate power, ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he is charged with. 13. Similar principle has been laid down by the Apex Court in the cases of State of Uttar Pradesh v. Ram Veer Singh Ors. reported in 2007 AIR SCW 5553 and in Girja Prasad (Dead) by LRs v. State of MP, reported in 2007 AIR SCW 5589. Thus, the powers which this Court may exercise against an order of acquittal are well settled. 14. Thus, in case the appellate court agrees with the reasons and the opinion given by the lower court, then the discussion of evidence is not necessary. 15. I have gone through the judgment and order passed by the trial court. I have also perused the oral as well as documentary evidence led before the trial court and also considered the submissions made by learned Advocates for the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the matter or that the approach of the trial court is vitiated by some manifest illegality or that the decision is perverse or that the trial court has ignored the material evidence on record. 19. In above view of the matter, I am of the considered opinion that the trial court was completely justified in acquitting the respondents of Criminal Appeal No. 611 of 1987 of the charges levelled against them and convicting the appellant-original accused No. 3 of Criminal Appeal No. 104 of 1992. I find that the findings recorded by the trial court are absolutely just and proper and in recording the said findings, no illegality or infirmity has been committed by it. 20. I am, therefore, in complete agreement with the findings, ultimate concl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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