TMI Blog2020 (1) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... led a complaint in view of non compliance with export obligations by accused. Accused, however, had applied for an extension, which extension was granted after the complaint was filed and investigation was commenced. P.W-3 also has stated that he had discussed the matter in the office of the Chief Controller of Imports and Exports, New Delhi, and during the course of discussion, he came to know that period of completing export obligations was extended upto 17-8-1992 - Keeping this in mind, the Trial Court has acquitted accused. Ms Anandpara is correct in submitting that there can be no perversity in the order passed by the Trial Court. There is an acquittal and therefore, there is double presumption in favour of accused. Firstly, the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hrough respondent no.1 applied to the office of Joint Chief Controller of Imports and Exports, Mumbai, for granting imprest licence in terms of paragraph 3 of Appendix 13 of Import Policy AM 85-88 for import of rough diamonds, uncut and unset. Appellant states that respondent no.2 was issued licence with certain export obligations mentioned in the licence. It is the case of appellant that these obligations were not met, though time was extended twice and, therefore, respondent nos.1 and 2 have committed an offence under Section 5 of the said Act. Of course, appellant also alleged that the original licence, itself was obtained by respondent nos.1 and 2 by submitting two forged and fabricated export orders. I have to note that the charge fram ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding additional export and realisation of export proceeds in US Dollars. Mr. Singh in fairness states, records also indicate that accused had complied with export obligations before 17-8-1992 and they had also fulfilled the two additional conditions. P.W.-3 in his cross-examination has stated that during the course of investigation, he verified several documents and statements of export found with accused upto 30-4- 1990 and he verified the statements by visiting the bank and it was revealed that the export was made as shown. According to P.W.-3, the export, however, was made after the expiry of period fixed by the competent authority. The period, what P.W-3 is referring to, is the period prior to granting of third extension. In this case, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms with the weight of evidence. 7. The Apex Court in Chandrappa Ors. V/s. State of Karnataka (2007) 4 SCC 415 in paragraph 42 has laid down the general principles regarding powers of the Appellate Court while dealing with an appeal against an order of acquittal. Paragraph 42 reads as under : 42. From the above decisions, in our considered view, the following general principles regarding powers of appellate Court while dealing with an appeal against an order of acquittal emerge; (1) An appellate Court has full power to review, 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 cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, there is double presumption in favour of accused. Firstly, the presumption of innocence available to the accused under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless they are proved guilty by a competent court of law. Secondly, accused having secured their acquittal, the presumption of their innocence is further reinforced, reaffirmed and strengthened by the trial court. For acquitting accused, the Trial Court rightly observed that the prosecution had failed to prove its case. 9. In the circumstances, in my view, the opinion of the Trial Court cannot be held to be illegal or improper or contrary to law. The order of acquittal, in my view, need not be interfered with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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