TaxTMI 
TaxTMI 
2020 (1) TMI 600
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....rts, Mumbai, has impugned an order and judgment dated 16-4- 1998 passed by the Additional Chief Metropolitan Magistrate, Esplanade, Mumbai, acquitting the accused of offence under Section 5 of the Imports and Exports (Control) 1947 (the said Act). 3. It is the case of appellant that respondent no.2 through 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....
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.... Controller of Imports and Exports, New Delhi, can extend time fixed for fulfilling export obligations from time to time. On record, is the letter issued by the Chief Controller of Imports and Exports, New Delhi, extending time to export upto 17-8-1992 with further two conditions regarding 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 visit....
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....erse in terms as understood in law, has been defined to mean "against weight of evidence". Ms Anandpara submits that the evidence indicates that export obligations have been fulfilled within the extended period. Therefore, the conclusions of the Trial Court are in 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 ....