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2019 (12) TMI 73 - HC - CustomsPresumption of innocence - Smuggling - foreign currency - Baggage Rules - offences punishable under Sections 120-B of Indian Penal Code read with Section 135 (1) (a) read with section 135 (1) (ii) and 135 (1) (b) of the Customs Act 1962 - reliability on statements - It is the case of the prosecution that from the statement recorded under Section 108 of the Customs Act all the accused had admitted that they have visited foreign countries and they used to carry foreign currencies - HELD THAT:- There is an acquittal and therefore, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to the accused under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law - Secondly, the accused having secured acquittal, the presumption of their innocence is further reinforced, reaffirmed and strengthened by the trial Court. For acquitting the accused, the Trial Court observed that the prosecution had failed to prove its case. The evidence has been common. Moreover, when the appeal against accused nos.2 & 3 is being dismissed, I see no reason why the appeal acquitting of accused no.1 which was separated should also not be disposed. The appeal including appeal which was separated for accused no.1 stands dismissed.
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