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2022 (2) TMI 567 - HC - CustomsSmuggling - foreign mark gold on large scale - failure to produce any documentary evidence as regards legal import of such gold nor could produce any purchase vouchers showing the legal acquisition of the same - scope in Acquittal Appeals - HELD THAT:- It is well settled in catena of decisions that an appellate Court has full Power to review, re-appreciate and consider the Evidence upon which the Order of Acquittal is founded. However, the Appellate Court must bear in mind that in case of Acquittal, there is prejudice in favour of the Accused, firstly, the presumption of innocence is available to him under the Fundamental Principle of Criminal Jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent Court of Law. Secondly, the Accused having secured his Acquittal, the presumption of his innocence is further reaffirmed and strengthened by the trial Court. On perusal of the evidence on record, it appears that the accused Daud Jusab died during the pendency of the trial and hence the case qua him came to be abated. It is pertinent to note Daud Jusab from whom the gold was found, has died and the charge against the other respondents accused is of abetment - Even there is no evidence that the accused Daud Jusub, from whom the gold was recovered was going to handover the gold to Nazir Noormohmed who stayed at Uttam Guest house. On perusal of overall evidence on record, it can be safely said that there is no admissible evidence against the respondents accused and the prosecution has failed to prove the case against the respondents accused beyond reasonable doubt - It may be noted that as per the settled legal position, when two views are possible, the judgment and order of acquittal passed by the trial Court should not be interfered with by the Appellate Court unless for the special reasons. The Criminal Appeal being devoid of merits is dismissed.
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