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2009 (5) TMI 556 - PUNJAB & HARYANA HIGH COURTSmuggling of arms – recovery of weapons from petitoner’s baggage - petitioner was not acquitted of the charges under Section 25 of the Arms Act merely on the technical grounds - Non-sealing of the arms and handing over the same without sealing to other person a serious defect in case and leads this Court to draw the inference that it can not be said by the certainty that the weapon so produced by the Custom Officer could not be said to be the same as recovered from the petitioner - absence of the report of Armour - judgment passed by Additional Sessions Judge has become final as no further appeal or revision has been preferred against the said judgment of acquittal, therefore, the same having probative value could be relied upon to decide the fate of the case which arose out of the same transaction and is based upon the recovery of the same weapons which were allegedly recovered from the petitioner - principle of stare decisis certainly applicable to the facts of the present case - Bail bond and surety bond furnished, stand discharged
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