TMI Blog2010 (3) TMI 631X X X X Extracts X X X X X X X X Extracts X X X X ..... ible, as no paper of the case is available - acquittal of the accused-respondents can not be disturbed by Court. - 2201 of 1979 - - - Dated:- 16-3-2010 - Vijay Kumar Verma, J. S/Shri M.P. Bajpai, Ashok Mohiley, S.N. Srivastava and V.K. Barman, for the Appellant. Shri Radha Krishna AGA and Smt. Sandhya Agarwal, Amicus Curiae. [Order]. - Heard Smt. Sandhya Agarwal, amicus curiae, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported by City Magistrate Bareilly vide his letter No. 48/Na.Ma.-2008, dated 18-8-2008 that the record of case No. 504 of 1974 has been weeded out on 8-11-1985. The Sessions Judge Bareilly was directed to get the record of the case reconstructed, but the record of aforesaid could not be reconstructed, as no paper of the case is available. Letter No. 309/09, Regd.-3 (A), dated 3-10-2009 of the CJM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be reconstructed. 4. It is submitted by the learned amicus curiae that in the absence of the lower court record, the appeal cannot be decided on merit and hence the appeal should be dismissed on this ground alone. It is also submitted that no illegality in the impugned judgment has been pointed out on behalf of appellant and hence on this ground also, the appeal deserves to be dismissed. Plac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available either in the office of City Magistrate Bareilly or in the office of Central Excise Department. After a gap of more than 30 years, re-trial of the accused persons is also not possible, as no paper of the case is available even in the office of Central Excise Department. Therefore, acquittal of the accused-respondents can not be disturbed by this Court, as hearing of the appeal on merit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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