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2009 (2) TMI 225 - HC - CustomsAppeal against acquittal directed against the order by which the 1st respondent has been acquitted of the offences punishable under Section 135(1)(a) and 135(1)(b) read with Section 135(3)(i) of the Customs Act, 1962 - Held that:- In the circumstances, the Learned Magistrate held that there is no corroborative evidence on record to lend assurance to what is stated by the 1st respondent in the retracted statement under Section 108 of the said Act of 1962. The view taken by the learned Magistrate is certainly a possible view of the matter. Even assuming that another view can be taken on the basis of evidence is no ground to interfere in an appeal against acquittal in as much as the presumption innocence is further strengthened by the acquittal of the accused. Appeal dismissed.
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