Karnataka High Court
The Asst Collector Of Customs ... vs Abdulla @ Abdulla Kunhi S/O Ahammad ... on 8 April, 2010
IN THE HIGH COURT OF KARNATAKA AT BANGALOREn.
DATED THIS THE Sm DAY OF APRIL. 2010__7
BEFORE
THE HONBLE MR. JUST1cE""'B".*v.p1}NTQu V'
CRLAPPEAL NUMBER: 1A:'f.8S'/?K)02"* -, S,
BEE} WEEN:
THE ASST. COLLECTOR,
{PREVENTIVE} _ "
MANGALORE .. APPELLANT'
[ BY JEEVAN J V S'
AND: S V S S 1 V
1. ABDULLA S@';QB}3?J'I.h'\ SUNS-1--,,,_
S/0:vA1iAM2vL¢-S3,' CHERIYAGI -
MELPER_A1VIBA._'
KALND, 1~:;gxSARGQ13_."
v 2.
" A S'/0 ABDUL KHADER
' B..1.HQuS.E,'*~9QRT ROAD
3. A
S /Q HIDROSE
BAI"{'HANGUDDA HOUSE
2 S' ' HAREKATA .
= ._MANGALORE .. RESPONDENTS
[BY SR1 NISHCHITH Si-{E1 {Y FOR SR1 S VISHWAJITH SHE! {Y AND SR1 M SEETHRAMA SHETTY ADVS.) the learned uéiiief Magistrate, Mangalore, :"Vac'cjuitted accused of both the charges V complainant. = it " =5.,_ Heard Sri Jeevan J. Neeralgi for the appellant Nishchith Shetty for the respondents and "'«peri1sed the materials on record. It is seen from the statement to the effect that A~8 was employed for disposal of the above pouch on the bas_i:s.V_Vflo_f~..vv commission. Thus it is alleged that . contravened the above section of--"the_ and Gold Control Act. V V'
3. In order to prove the complainant has got marked Ex.P~«1 to P--1{i did not 1 which is examine any g a Lodging: » Rivera for the relevant period. V h V
4. AfterVV_heari'r1:g" "prosecution and the defence, levelled.again»st~x.'Vth'em. Hence, this appeal is by the to the case of the prosecution. Therefore, he submjts that the prosecution case is not proved reasonable doubt. On the other hand, Sri ~ learned counsel for the cornplainar-;t"" ~furt§§1erV'4"'s--t1br"nits that See.292 of Cr.P.C. provides officers of MINT is relevant Further such a report' the court of law for the purpose-of "ease. 1 1. The pressed into service by both ijearned» . 2000 CRL L.J. 4035;"
. 1972 cRL...L.q.
. AIR sUPRsrv1E%Co'i3Ri*'44 .. Maharashtra:__ ' " ~ «V .t COURT 1224 Harbalisingh S-artdar Lenasingh V. the Sitate ofwlaharashtra Asst. Collector of centra"£'K'f-.. _ C Rajamundry V. Duncan=Agro 'm~dustries~ 1td., " " * 2 Asst. Collector' "of 'A';'u.s'toms dvs}dVPratap RaoSait; ' ' - = Hira Advani"'««._ete,_.',' vs. State of //7 #5.
15. Hence, the prosecution has miserably failed to bring home the guilt of the accused reasonable doubt and the judgment of * is sound and Proper and dCie's"A interference by this court. I I V t 2 In the result, the appeal 'is:.V'V"c§ismissed*....? csg