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2008 (7) TMI 855 - SC - CustomsJudgment of the acquittal - Held that:- Section 41(2) deals with two situations. One is relatable to Gazetted Officer while in the other case the Gazetted Officer may authorize his subordinate to do the relevant act or may do it himself. Section 41(3) refers to the power under Section 42 which refers to subordinates. In the confessional statement the accused has clearly stated about the ownership. So, there has been no retraction at considerable length of time. Above being the position, the High Court was clearly in error by setting aside the judgment of the trial Court. We set aside the judgment of the High Court and restore that of the trial Court. The appeal is allowed to the aforesaid extent.
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