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TMI Blog1989 (11) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... he wife of the accused No. 1 are friends. Thus, the accused Nos. 1, 2,3 and 5 are known to one another. The accused No. 4 Victoria Vaz is a girl friend of the accused No. 1. They have travelled together to foreign countries. The learned Magistrate framed a charge against Bharat Kalyani, accused No. 1 and Victoria Vaz, accused No. 4 under Sections 135(l)(a) and 135 (1)(b) r/w Section 135(l)(i) of the Customs Act, 1962 and Section 5 of the Imports and Exports (Control) Act, 1962. The prosecution preferred Criminal Revision Application No. 191 of 1988 to the Sessions Court, Greater Bombay against the Order discharging the accused Nos. 2, 3 and 5. The accused No. 1, by the Criminal Revision Application No. 224 of 1988 impugned the Order of fram ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he packages containing textile goods, markings like "B.K." and "Mane" were found. (v) While the house of the accused No. 3 Shrirang was being searched on 13th July, 1985, the postman delivered and the Investigating Officer received an envelope purported to have been sent from Usha, the daughter of accused No. 5. It was addressed to Shrirang. A list containing description of articles in the four containers which had arrived from Singapore was inside the envelope. (The list is at Exh. P-29). (vi) In the house of the accused No. 1 was found a file which contained a list of articles. The list is at Exh. P-49. 3. The first circumstance, viz. the fact that the accused No. 1 and the other accused are closely known may, if other circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... envelope (Exh. P-29) was sent by the daughter of the accused No. 5 to the accused No. 3. This document, even if accepted, cannot connect the accused No. 1 with the articles, for it was addressed to the accused No. 3 and not the accused No. 1. As already stated, Exh. P-49 is the list of articles found in a file in the house of the accused No. 1. The description of some of the articles tally with the articles contained in the containers. On the other hand, the description of some other categories of articles do not. Exh. P-29 sent by Usha to the accused No. 3 is dated 23rd June, 1985. Exh. P-49 is dated 10th May, 1985. If the list found with the accused No. 1 was the list of articles referred to in Exh. P-29, there should have been reasonab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed No. 4 which destroys the case against the accused No. 1. 6. Having regard to the totality of the circumstances set out above, the case of the prosecution is based on loosely spread circumstances. Each of the circumstances set out in paragraph 2 above taken individually, does not point to the guilt of the accused No. 1. The association between the families can be an innocent fact. The relation of the accused No. 4 Victoria Vaz with the accused No. 1 is also a neutral circumstance so far as the accused No. 1 is concerned. The evidence points out to the fact that the accused No. 4 Victoria Vaz could have acted independently without the accused No. l knowing about her act. The suit-case belongs to the accused No. 4 who gave it to Viju. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Judge has acted properly, within the law and taken a view of facts which cannot be said to be erroneous. The analysis of the evidence reveals that the learned Additional Sessions Judge arrived at conclusions which a reasonable mind would arrived at on such evidence. Mr. Patwardhan, learned Counsel for the Petitioner argued, as he always does, all the points with reference to the evidence. But he was handicapped by the loose, weak links which do not form the evidence sufficient to proceed to a trial. I am afraid this is not a case in which I should exercise the revisional powers to reverse the findings which are sound, consistent with evidence, ordinary human conduct and reason. 8. For all these reasons, the Criminal Revision Application ..... X X X X Extracts X X X X X X X X Extracts X X X X
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