9911796707
TMI Blog2014 (9) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... witnesses, it was incumbent on the petitioner to produce them as witnesses. It would have been a different matter if there were no witnesses at all. In that case, the question whether in the absence of panch witnesses, the offence could be proved on the basis of the evidence of the official witnesses, could have arisen. However, where a panch witness is named and later it transpires that the addr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 60/1/91 acquitting the Respondent of the offence under Sections 132 and 135(1)(a) of the Customs Act, 1962. 2. The case of the petitioner is that, on 16th July, 1991, the Respondent arrived at Indira Gandhi International Airport, New Delhi by flight No. BA-035 from London. After he collected his baggage, he walked through the Green Channel of the Customs Arrival Hall. Thereafter, he was interce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the learned trial Court has acquitted the respondent. The first was that the petitioner was unable to prove the sanction order was issued in accordance with law. Although PW-1 had recognised and identified the signature of the sanctioning authority, the file in which the sanction order was passed, was not produced. Further, the sanctioning authority was not examined as a witness. The second ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could be proved on the basis of the evidence of the official witnesses, could have arisen. However, where a panch witness is named and later it transpires that the address given by the panch witness is fictitious, then a different set of consequences will follow. It would throw grave doubts on the truthfulness of the panchnama which is shown to have been signed by the said panch witnesses. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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