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TMI Blog2009 (11) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... strate has acquitted the respondents-original accused of the charges levelled against them. 2. The short facts of the prosecution case is that on 2-2-1987 the Police received an information that some contraband smuggled goods were hidden in forest area of village Lifri and Bhadru of Kachchh District. On receipt of the said information the DSP immediately sent the Police party to the said place where the Police found Video Cassette Recorders, Video Cassettes, etc. It is alleged that the search was carried out during night time and, therefore, the panchnama could not be prepared and goods were brought to Bhuj. Thereafter, on 3-8-1987 the panchnama was prepared and goods worth Rs. 27,24,425/- were seized by the Customs Authority on a rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence it is established that the department has successfully proved its case beyond reasonable doubt. He has contended that the department had no reason to falsely implicate the accused or to concoct the panchnama. He also contended that the department has produced cogent and material evidence to prove its case. He, therefore, contended that the Judgment and order passed by the learned Magistrate is without appreciating the facts and evidence on record. 7. Learned Advocate for the respondents-accused has supported the Judgment and order of the trial Court and contended that the Food Inspector has not followed the mandatory rules and the prosecution has failed to establish prima facie case against the accused. 8. I have gone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew, reappreciate and reconsider the evidence upon which the order of acquittal is founded. (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law. (3) Various expressions, such as, 'substantial and compelling reasons', 'good and sufficient grounds', 'very strong circumstances', 'distorted conclusions', 'glaring mistakes', etc. are not intended to curtain extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of flourishes of language to emphasis the reluctance of an appellate court to interfere with ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ordinarily interfere with the order of acquittal unless the approach of the lower Court is vitiated by some manifest illegality and the conclusion arrived at would not be arrived at by any reasonable person and, therefore, the decision is to be characterized as perverse. Merely because two views are possible, the Court of appeal would not take the view which would upset the judgement delivered by the Court below. However, the appellate court has a power to review the evidence if it is of the view that the conclusion arrived at by the Court below is perverse and the Court has committed a manifest error of law and ignored the material evidence on record. A duty is cast upon the appellate court, in such circumstances, to re-appreciate the evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce is not necessary. 16. I have gone through the judgment and order passed by the trial court. I have also perused the oral as well as documentary evidence led before the trial court and also considered the submissions made by learned Advocate for the appellant. There appears to be gross delay of about 10 months in filing the complaint. 17. The trial court has, after appreciating the oral as well as documentary evidence, has found that there are material contradictions in the evidence of witnesses. The evidence of complainant is not supported by any independent witnesses. The trial Court has also found that accused were not there at the place of offence when the goods were seized. The learned Magistrate has also found that the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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