TMI Blog2020 (10) TMI 757X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 - SUPREME COURT] and CHANDRAPPA AND ORS. VERSUS STATE OF KARNATAKA [ 2007 (2) TMI 704 - SUPREME COURT] . The trial court considered all the oral and documentary evidence in detail and came to a definite conclusion that the accused is not guilty. In such circumstances, this Court cannot interfere with the well considered judgment of the trial court in an appeal against acquittal. Appeal dismissed. - CRL.A.No.854 OF 2005 - - - Dated:- 5-10-2020 - THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FOR THE PETITIONER : BY ADV. SRI.SALISH ARAVINDAKSHAN FOR THE RESPONDENT : R1 BY ADV. SRI.ANIL K.MOHAMMED R1 BY ADV. SRI.R.ANIL R1 BY ADV. SRI.DELVIN JACOB MATHEWS R1 BY ADV. SRI.GEORGE PHILIP R1 BY ADV. SRI.B.RAMAN PILLAI R1 BY ADV ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hirt worn by him. The gold biscuits recovered were got assayed by a goldsmith and certified that the gold biscuits were of 24 carat purity and the total weight of the same is 4897.2 gms. The market value of the same was estimated to be ₹ 23,31,067/-. According to the complainant, the accused did not produce any legal document for the import of 42 gold biscuits into India. The gold biscuits were seized under a mahassar along with 3500 U.S dollars. Hence it is alleged that the accused committed the offence and the complaint was filed. The complaint was taken on file and the accused appeared. The court framed charge under Section 135(1) (i) of Customs Act. 3. To substantiate the case, the prosecution examined PW1 to PW6. Exts.P1 to P1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (AIR 2019 SC 1852) Chandrappa and others V. State of Karnataka [(2007) 4 SCC 415]. Paragraphs 40 41 of the Chadrappa's case is extracted hereunder: 40. In Ramanand Yadav v. Prabhunath Jha, this Court observed; (SCC pp.614-15, para 21) 21. There is no embargo on the appellate Court reviewing the evidence upon which an order of acquittal is based. Generally, the order of acquittal shall not be interfered with because the presumption of innocence of the accused is further strengthened by acquittal. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Bearing in mind, the above principle I have considered this appeal against acquittal. The Special Public Prosecutor who appeared for the appellant submitted that there is a presumption under Section 138A of the Customs Act. According to the Special Public Prosecutor, the prosecution established the case and accused was not able to rebut the presumption. I don't think that the above stand of the learned Special Public Prosecutor is correct. The trial court considered the oral and documentary evidence in detail. The trial court discussed the matter in detail in paragraph 10 onwards in the impugned judgment. Para 10 11 of the impugned judgment is extracted hereunder: 10. There is no dispute that the accused was apprehended by PW1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also pertinent to note that an officer is posted in the green channel counter. But P.W.1 does not know as to who was the officer-in-charge of the green channel counter. If the accused has proceeded along the green channel with or without his permission, it was quite necessary to take down the statement of the officer who was in-charge of the green channel. But in the present case no such statement was recorded from him. The prosecution has no case that the accused has committed such similar offenes before. The gold biscuits carried with him cannot be said to be in a concealed manner so as to evade the customs duty. The only fault on the side of the accused was that, he was seen found in the green channel. In the absence of any statement f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eed outside through the green channel without paying the customs duty of the gold biscuits he brought with him. Thus on going through the evidence adduced it could be seen that the prosecution has not succeeded in proving the case against the accused beyond reasonable doubt and the benefit of doubt to be accorded to the accused. The point is answered accordingly. 10. I see no reason to interfere with the above finding of fact by the trial court. The trial court considered all the oral and documentary evidence in detail and came to a definite conclusion that the accused is not guilty. In such circumstances, this Court cannot interfere with the well considered judgment of the trial court in an appeal against acquittal. Therefore, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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