Home Case Index All Cases Customs Customs + HC Customs - 2016 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (4) TMI 53 - HC - CustomsSeeking modification in acquittal order - Smuggling of narcotic drugs and receiving about 30kg of heroin, hence truck seized - Held that:- Some serious doubts crept in the prosecution case that (i) whether the contraband was recovered from the truck or from Van, (ii) whether the respondent No.1 and respondent No.2 were actually found present with the contraband in the Van or the contraband was found lying abandoned in the truck having cavity for concealing the articles and the Van driven by respondent No.1 was intercepted separately and (iii) the version of the appellant that the contraband was seized while the delivery was being made by respondent No.2 to respondent No.1 or whether it was seized from respondent No.1 and other accused persons were roped in later on. In view of the settled proposition of law that during the trial proceedings if there are two views possible, the view favouring the prosecution is to be adopted, however, the position is reverse at the final disposal upon conclusion of trial that the view favouring accused charged with any offence has to be granted the benefit of doubt while returning the finding of acquittal in favour of guilty. As the appellant has failed to establish its case beyond reasonable doubt even during trial or in appeal as well, whereas in the present case, there are doubts after doubts.Therefore, the acquittal order passed is correct. - Appeal dismissed
|