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2012 (2) TMI 161 - HC - Central ExciseAcquittal of accused from the charges u/s 135(1)(b) of the Customs Act, 1962 - seizure of recovery (gold biscuits and Indian currency) from accused – petitioner(prosection) challenging the same – Held that:- Trial Judge observed that Prosecution failed to examine independent witnesses without any sufficient reasons. It was a very material lacuna in the case of the prosecution which cast a very strong doubt over the seizure memo/punchnama dated 01.11.1990. Benefit of doubt goes in favour of the accused. Therefore, Trial judge has acquitted the accused not only on the ground argued but also considered the other evidence also – Decided against the petitioner.
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