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TMI Blog2022 (2) TMI 567X X X X Extracts X X X X X X X X Extracts X X X X ..... l accused from the offence punishable under section 135 of Customs Act and under section 120B of Indian Penal Code. 2. The case of the prosecution is that an information was received by the customs officers on 11th April 1986 that one Amratlal Chandmal Jain of Ahmedabad was actively dealing in foreign mark gold on large scale and one Kishanla Meghraj Soni of Ahmedabad was his associate who used to smuggle in foreign mark gold through the Coast of Saurashtra. On 28.4.1986 the police officers of Ahmedabad intercepted one Daud Jusab Manek of Salaya who was carrying with him 136 pieces of foreign mark gold and while he was proceeding towards Uttam Niwas Guest House at Ahmedabad. The police officers apprehended opponent no.l herein in this conn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to Nazir Noormohmed Kara. Thereupon Noormohmed Kara told Adam Sulemen Gandhar to deliver the said gold to Daud Jusab Manek, accused no.6. At that time, accused no.7, opponent no.2 herein, had accompanied Adam Suleman Gandhar. Thereafter, they handed over the gold to Daud Jusabh Manek who brought it to Ahmedabad but was apprehended by the police while he was proceeding towards Uttam Guest House. Therefore since the offence was completed, the complainant filed a complaint for the offences punishable under Section 135 of the Customs Act read with Section 120B of the Indian Penal Code in the competent court. 2.2. The trial court issued the summons by taking cognizance and recorded the plea of the accused. The accused did not plead guilty and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le under section 135 of Customs Act and under section 120B of the Indian Penal Code, is made out, however, the same is not believed by the Sessions Court. He has further submitted that though the prosecution witness has supported the case of the prosecution, the trial court erroneously not believed their evidence and acquitted the accused. Making above submissions, he has requested to allow the present appeal. 4. Mr.P.B. Khambholja, learned advocate for the respondent Nos.1 and 2 original accused submitted that there is hardly any substance in the submissions of learned APP. There is no admissible evidence on record connecting the accused with the commission of the offence. There are material contradictions and omissions in the evidence o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocent unless he is proved guilty by a competent Court of Law. Secondly, the Accused having secured his Acquittal, the presumption of his innocence is further reaffirmed and strengthened by the trial Court. 7. On perusal of the evidence on record, it appears that the accused Daud Jusab died during the pendency of the trial and hence the case qua him came to be abated. It is pertinent to note Daud Jusab from whom the gold was found, has died and the charge against the other respondents accused is of abetment. 7.1. Even there is no evidence that the accused Daud Jusub, from whom the gold was recovered was going to handover the gold to Nazir Noormohmed who stayed at Uttam Guest house. 7.2. Even no original report of the Mint House regarding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rial court. Normally the views of the trial court, as to the credibility of the witnesses, must be given proper weight and consideration because the trial court is supposed to have watched the demeanour and conduct of the witness and is in a better position to appreciate their testimony. The High Court should be slow in disturbing a finding of fact arrived at by the trial court. In Kali Ram V. State of Himachal Pradesh, (1973) 2 SCC 808, this Court observed that the golden thread which runs through the web of administration of justice in criminal case is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused shou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld assent to the proposition that it is better that a thousand, or even a million, guilty persons should escape than that one innocent person should suffer; but no responsible and practical person would accept such a view. For it is obvious that if our ratio is extended indefinitely, there comes a point when the whole system of justice has broken down and society is in a state of chaos." 28. The fact that there has to be clear evidence of the guilt of the accused and that in the absence of that it is not possible to record a finding of his guilt was stressed by this Court in the case of Shivaji Sahebrao, (1973) 2 SCC 793, as is clear from the following observations: "Certainly it is a primary principle that the accused must be and not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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