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1981 (8) TMI 79 - SC - CustomsOrder of acquittal by High Court challenged Held that:- The three outstanding circumstances established against the respondent and not disputed before us by the respondent were (1) the presence of the respondent in the flat at the time of the raid by the Central Excise Officers and the recovery of the gold slabs of foreign origin from the steel almirah and (2) the recovery of the bunch of eight keys from his person which keys fitted the almirah from which the gold slabs were recovered and (3) the recovery of a bunch of three keys from his person one of which fitted the lock which was hanging from the inside handle of the door of the flat. To any mind, unassailed by "some light, airy, unsubstantial doubt that may flit through the minds of any of us about almost anything at sometimes or other" these circumstances should be sufficient to draw an inference of guilt. The High Court however thought that the steel almirah in the flat was not shown to have been specially made and that the keys of a similar almirah could well fit it and that was perhaps how the keys recovered from the accused did fit the almirah in the flat. That of course was not the plea of the accused nor was it a suggestion made to the prosecution witnesses. We are unhesitatingly of the view that the explanations fancied by the High Court was a wholly unreasonable explanation in the circumstances of the case. Shri Jethmalani reminded us first that we were considering circumstantial evidence, second we were dealing with an appeal against acquittal and third we were exercising our extraordinary but exceptional jurisdiction under Article 136. We think that, interference in this case is imperative and hesitation to interfere will lead to a miscarriage of justice - set side the judgment of the High Court - respondent will surrender forthwith. The gold slabs will stand confiscated - appeal allowed.
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