THE STATE OF GUJARAT Vs. SHRI MAGANBHAI MANUBHAI MODI

JUDGEMENT

(1.) These two Criminal Appeals are filed by the State of Gujarat and the Union of India respectively challenging the order of acquittal passed in favour of the concerned respondents-accused by the Additional Chief Judicial Magistrate, Surat in Criminal Case No. 6 of 1977 (old case No. 839 of 1974) acquitting the concerned respondents-accused of the offence under section 135 of the Customs Act, 1962 read with section 34 of I.P.C. The said Act shall be referred to hereinafter as the 'Customs Act' for the sake of brevity.

(2.) Originally the said case before the learned Trial Judge proceeded against 7 accused, on account of certain allegation against these 7 accused. The present appeals also were filed against all the 7 accused who were shown as respondents Nos. 1 to 7 in these appeals. But at the time of admission, this Court (Coram: A.M. Ahmec, J.) was pleased to dismiss these appeals against the concerned respondents save and except for the original accused Nos. 4, 5 and 7 only. These original accused Nos. 4, 5 and 7 are the respondents Nos. 4, 5 and 7 in these two appeals. Thus the present two appeals survive only against respondents Nos. 4, 5 and 7 as they have stood dismissed at the admission stage against respondents Nos. 1, 2, 3, and 6, original accused Nos. 1, 2, 3, and 6, respectively and hence I will not be concerned with those accused any further in these appeals.

(3.) Mr. M.C. Kapadia, the learned Advocate appearing for the respondents Nos. 4, 5, and 7, the only contesting respondents in these present proceedings, has made a statement at the Bar when these appeals were called out for final hearing, to the effect that out of the three concerned accused Nos. 4, 5 and 7 against whom the present appeals are proceeding, original accused No. 7 saiyedmiya Saiyedhusen Bapu is already dead. Mr. Kapadia was not in a position to produce any death certificate or any other proof but this he states at the Bar under the instructions from accused No. 4. I have requested Mr. Kapadia to furnish suitable proof regarding the death of the accused No. 7 within a week from to-day and he has agreed to do so. Under the circumstances, Mr. J.M. Panchal, the learned Asstt. Public Prosecutor appearing for the appellant State, has no objection in accepting the statement of the learned Advocate Shri Kapadia made at the Bar and hence Mr. Panchal fairly submitted that the appeals against respondent No, 7 have abated. Under the circumstances I will now be concerned only with the original accused Nos. 4 and 5 against whom the present two acquittal appeals survive for consideration.