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2015 (4) TMI 1076 - HC - CustomsValidity of acquittal order - Recovered 3 gold bars in raid - Also statements of the respondents also recorded under Section 108 of the Customs Act, 1962 - Held that:- at the time of passing the impugned judgment, learned trial Judge has given categorical finding that there are some contradictions in the evidence as regards the packing of the sample. It is also found that from the report it cannot be said that it is of the sample taken in the present case and even the panch witness is also not supporting the case of the prosecution. Therefore, the learned trial Judge has rightly observed that from the evidence on record it could not be proved that offence as alleged against the respondents-accused could not be established. Therefore, the learned Judge has rightly observed that the prosecution could not prove its case beyond reasonable doubt and rightly acquitted the accused of the charges levelled against them. - Decided against the appellant
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