TMI Blog1991 (4) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... Sovinder Singh alias Chhinder is also residing in that village. On seeing the police party, one person ran from the house recklessly which created suspicion in the mind of the police party, who after parking the Jeep outside the house, tried to enter the house to know the facts. Sovinder Singh, Joginder Singh and Daljlt Singh accused opened fire on the police party whereupon the police party saved their lives after taking shelter behind the wall. During the course of firing, all the three accused managed to escape from the back-door of the house. Thereafter, the police party recovered contraband goods of the value of Rs. 2,40,0007- consisting of silver weighing 114.688 kgs., Terry cloth 10 meters, Lohis 4 pieces, Umra of Razai 5 pieces pac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant Collector of Customs at Amritsar. Hence the appeal. 3. We have heard Shri Ashutosh Mohunta, Advocate, for the Union of India, Mrs. Vanita Sapra, Advocate, for the respondent and have carefully perused the record. 4. In the course of their statements under Section 313 Criminal Procedure Code, all the three accused vehemently denied the allegations made against them by the prosecution and asserted that while they were still in custody in the course of trial under Section 307/353 of the Indian Penal Code in the Court of Sessions, the police obtained their signatures on certain blank papers and that after acquittal therein vide judgment Ex. DA, they are peacefully living with their family members in their ancestral houses. Sarpanch Kund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms Act, 1987, S. 178 A; Cf. U.K. Customs and Excise Act, 1952 (C. 44)]. (a) Substituted by Act 36 of 1973, S. 4 (3-9-1973), (b) Following other classes of goods are specified for the purpose of this section : (i) Cosmetics; (ii) Mechanical lighters and flints therefore; (iii) Playing cards and (iv) Safety Razor blades - See Gaz. Ind., 26-8-1987, Pt. II, S. 3(i), p. 1388 (i) Cigarettes, transistors and diodes; synthetic yarn and metallic yarn, and fabrics made wholly or mainly of synthetic yarn - See Gaz. Ind., 27-3-1968, Pt. II, S. 3 (i), Ext., p. 141." In Union of India v. Kasambhai Umerbhai Kureshi, 1979 Criminal Law Journal 1173, this provision was interpreted as follows :- "The goods were seized from the petitioner by the Pol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce." It was also observed in the authority aforesaid :- "This is an appeal from an order of acquittal. There is no doubt that my powers to re-assess the evidence and reach my own conclusions are as extensive as those which this Court would have in an appeal against conviction. As a rule of prudence, however, I have to give weight age to the views of the Trial Judge as to the credibility of the witnesses; to the presumption of innocence in favour of the accused, which was strengthened by the fact that he has been acquitted at the trial. The right of the accused to the benefit of any doubt should be given to him and the general slowness on the part of the appellate courts in disturbing finding of facts arrived at by a Judge, who had the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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