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TMI Blog1982 (9) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... peal to appeal to the Sessions Court, Thane i.e. Criminal Appeal No. 19 of 1976. The Additional Sessions Judge, Thane by his judgment dated 14.7.1976 allowed the appeal and set aside their convictions and sentences and acquitted them. Aggrieved by this decision of the Sessions Court the State of Maharashtra has preferred this appeal. Respondent No. 2 is reported to have died during the pendency of this appeal. 2. On prior information Mr. Patankar Inspector from flying squad of Customs kept a watch near Avela village on Ahmedabad-Bombay road along with certain other officers of the Customs on 12.6.1969. At about 10 A.M. they were at the cross road at Pachhapur when they noticed the truck driven by respondent No. 1 with respondent No. 2 sit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey were found in possession of the above stated contraband goods which were seized in the reasonable belief that they were smuggled, and the respondents were found carrying, harbouring, concealing or otherwise dealing with these goods, which they knew or had reason to believe were liable for confiscation under Section 111 of the Customs Act and when they had no import licence for the same. 3. The respondent No. 1 admitted the seizure of the contraband goods from the truck and that he was driving the said truck. The respondents admitted that they had no licence for the contraband goods found with them. They however contended that they had no knowledge about the contents of the packages which were found in the truck. Their contention was th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rch of the truck. Besides these circumstances it was contended before the lower Appellate Court on behalf of the prosecution that assistance was available from Section 138A of the Customs Act, for raising a presumption in favour of the prosecution and throwing the burden on the respondents-accused, to show that they had no conscious possession of the contraband goods found in the truck. 6. The lower Appellate Court considered these circumstances and came to the conclusion that these circumstances were not all substantiated and the only circumstance which could really be said to be there against respondent No. 1 was his turning that truck back and driving it back towards Ahmedabad after spotting the Customs Officers. It would seem to us th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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