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2018 (8) TMI 186 - HC - CustomsSmuggling - import of contraband items - unclaimed goods - though the said goods landed in India, none came forwarded to claim the said goods - investigation revealed that, the goods so seized were consigned to accused no.1 purporting to be under the T.R. facility and as such he was directed to remain present before the Superintendent of Customs , C.I.U., M & P Wing, Bombay with all the relevant papers and documents relating to the consignment goods in his name from Dubai - Held that:- The evidence of the P.W.3 has proved the fact that goods have been removed on 7th February, 1985 and P.W.4 in evidence asserted that these goods were deposited in the Customs Godown on 5th March, 1985. He had also produced the Register on Record. The question, that arises is, with whom the subject goods were lying between 7th February, 1985 to 5th March, 1988. The prosecution has neither answered this issue, nor clarified it by placing on record, evidence of any kind - The prosecution has not explained this anomaly, either in evidence or otherwise. Nobody knows who was in the custody of the subject goods from 7th February, 1985 till 5th March, 1985. There are no reasons to hold that the trial Court has committed any error in appreciating the evidence and recording the order of acquittal against accused nos.1 and 3 - appeal dismissed - decided against appellant.
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