2018 (2) TMI 1078

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..... 378 (iv) of the Code of Criminal Procedure, 1973 has been preferred by the petitioner-Directorate of Revenue Intelligence for leave to appeal against the judgment of acquittal dated 08.09.2017 of learned Chief Metropolitan Magistrate in Complaint Case No.254/01/16. 2. I have heard the learned counsel for the petitioner. It is urged that the trial court did not appreciate the evidence in correct p .....

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..... n placed reliance only on the tracking reports Ex.PW-1/E, Ex.PW-1/G and Ex.PW-1/J respectively. It was, however, not ascertained as to when and to whom the summons were delivered. No efforts were made by the Investigating Agency to serve the summons personally upon the respondent. It was specifically denied by the respondent that no such summons were received by him. It was further informed that d .....

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..... ndent, the prosecution/Investigating Agency was expected to ensure that the summons were duly served upon the respondent and he avoided to appear before it deliberately or intentionally. 4. It has been informed during arguments that subsequently the respondent appeared; he was also arrested and remained in custody for certain duration. It was further informed that the respondent was detained unde .....

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