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2011 (3) TMI 1409 - HC - Indian LawsOrder of acquittal - offences punishable under Section 120-B of IPC read with Sections 20, 23 and 29 of the N. D. P. S. Act, 1985 and Sections 135 (i)(a) and 135 (i)(b) read with Section 135(1)(ii) of the Customs Act, 1962 - search and seizure of the contraband weighing about 824.780 kgs. This was allegedly recovered from the tempo bearing Registration No. MMS-432 and by the team of the Central Excise officers and in the presence of two independent witnesses, namely, PW 2 - Shrikant Patil and Shri Satam - he had seen accused no.1 and accused no.3 going together in the Ambassador car and thereafter at some stage the accused no.1 handing over the key to accused no.3. However, there was no corroboration to this evidence of PW 1. The credibility of the evidence of PW 1 - Held that:- reasoning set out by the trial court in support of the impugned acquittal order is based on the proper appreciation of the evidence adduced by the prosecution in support of its case and it does not call for any reconsideration. The trial court has not committed any error in acquitting the accused, Bail bonds of all the accused stand cancelled
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