1999 (11) TMI 61

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t is alleged by the prosecution that the Customs Authorities at Jaipur seized a sum of Rs. 21,23,050/- from said Reshamwala and on that score the matter is pending before the Collector, Customs and Central Excise. Accused Udai Narain is the Additional Collector of Customs at Lucknow. It is further alleged that on 8-11-1993 Reshamwala arrived at Lucknow Airport by Indian Airlines' Flight. The Police had received an information that some illegal transaction is going to be made between Reshamwala and Udai Narain and, therefore, the D.S.P. had arranged a trap. As soon as, Reshamwala Came out of the aircraft and entered the airport lobby, he was received by Udai Narain and then there was some conversation between them which was heard by some per....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ation for discharge, it is not open for the Court to shift the evidence and come to a conclusion one way or the other about the guilt of the accused persons. The Court at that stage will not be in a position to decide the trust-worthiness of the witnesses and discard the same by shifting and scanning, as a Court does in trial. This Court has already indicated the parameters of the powers of the Court to discharge an accused, before framing of charge and the impugned Judgment runs contrary to the same. According to the learned Addl. Solicitor General, an elaborate examination of the statements recorded during investigation and forming an opinion after scanning and shifting of the same is not warranted under law. 5. Mr. Rakesh Dwivedi, the....