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TMI Blog2010 (3) TMI 631X X X X Extracts X X X X X X X X Extracts X X X X ..... icus Curiae. [Order]. - Heard Smt. Sandhya Agarwal, amicus curiae, appearing for respondents-accused. Nobody is present for the appellant even in the revised list. 2. This appeal under Section 378 of the Code of Criminal Procedure (in short 'the Cr. P.C), has been preferred by Assistant Collector Customs & Central Excise Bareilly against the judgment and order dated 31-3-1979 passed by City Magi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able. Letter No. 309/09, Regd.-3 (A), dated 3-10-2009 of the CJM Bareilly shows that the City Magistrate has reported that no paper of the case is available in his office. The record of the appeal shows that certain letters were sent to the Central Excise Department Bareilly for making the papers of case No. 504 of 1974 available, but papers of the case has not been made available. Letter No. 1011 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on this ground also, the appeal deserves to be dismissed. Placing reliance of the case of State of U.P. v. Abhai Raj Singh & Another - 2004 SCC (Cri.) 901, it is also submitted that interference by this Court in the impugned judgment of acquittal would not be justified, as due to non-availability of lower court record, the appeal cannot be decided on merit and after a gap of more than 30 years, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be disturbed by this Court, as hearing of the appeal on merit in the absence of lower court record is not possible. As stated herein-above, re-trial of the accused persons can also not be ordered now after a gap of more than 30 years and no useful purpose would be served by making order for re-trial of the accused persons in the absence of the papers of the case. 6. For the reasons mentioned her ..... X X X X Extracts X X X X X X X X Extracts X X X X
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