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1971 (7) TMI 55 - SC - CustomsWhether A-1 could be convicted of any overt act which was pursuant to a conspiracy for which he had not been charged and which was the result of quite a different conspiracy? Held that:- There can be no manner of doubt that A-1 played a leading role in extensive smuggling operations on his own admission, he had been illegally smuggling Indian currency in specie (for which, however, no charges were preferred against him). The entirety of facts and circumstances do create a serious suspicion of the commission of offences with which A-1 was charged and of which he is being acquitted. But according to the system of jurisprudence which we follow, conviction cannot be based on suspicion nor on the conscience of the Court being morally satisfied about the complicity of an accused person. He can be convicted and sentenced only if the prosecution proves its case beyond all reasonable doubt. This is what it has failed to do with regard to A-1. His appeal is allowed and his conviction and sentences on the various charges are hereby set aside. As regards appellants Budhoo and others we are unable to accede to the suggestion that they were as innocent as has been sought to be made out. We have no doubt that the High Court rightly upheld their conviction. Appeal dismissed.
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