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1979 (3) TMI 201 - SC - Central ExciseWhether the prosecution case proved against accused Nos. 1 to 13 who were convicted of various offences covered by different counts of the charge and were sentenced in consequence to imprisonment? Held that:- In taking the view of the matter that it did, the High Court, for all practical purposes, presumed the accused to be guilty unless they succeeded in establishing their innocence, which was not a correct approach to the appreciation of evidence. It was for the prosecution to prove affirmatively that the contraband articles were in the conscious possession of accused Nos. 1 to 11 and that they had received the currency notes in question as claimed by the prosecution, neither of these matters was a matter of assumption, although of course the same could be inferred from circumstances which, in our opinion, have not been shown to exist. We do not regard the defence as a bundle of assertions which could not possibly be true within the domain of reason. There is nothing inherently improbable in the currency notes having been found in one or more of the packages which are said to have been lying unaccounted for in the Customs House, nor can we agree that the averment about residents of Varor having deposited the said packages in response to a warning issued to them earlier borders on the absurd even though it may not be very probable. Thus as contained in paragraphs 8 and 9 leave the prosecution with no material such as may suffice, apart from documents exhibits 31 and 46 to be incriminatory of any of the accused. Accordingly we accept all the appeals, reverse the impugned judgment, set aside the conviction recorded against and the sentences imposed upon the appellants (being accused Nos. 1 to 11 and 13) and acquit them of the charge in its entirety.
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