1967 (5) TMI 19

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ccused in the case under section 167(81) of the Sea Customs Act, read with section 120B of the Indian Penal Code. The petitioner prays for setting aside the charge framed against him and for quashing the proceeding pending against him in the court of a presidency magistrate of Calcutta. 2. It appears that one of the accused in the case was arrested at the Dum Dum Airport with a suit case immedi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gal evidence against the present petitioner which might serve as the foundation for the charge that has been framed. It is not in dispute that the entire evidence available to the prosecution for the purpose of proving the case against the accused persons has already been adduced in the court of the learned presidency magistrate. If the submission of Mr. Dutta that out of the evidence adduced by t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... been proved and which have been examined by a handwriting expert, P.W. 43, show that these are in the handwriting of accused 2, 3 and 8. The accounts, however, do not make any mention of the petitioner Mangilal Jain, but there is mention therein of a person who has been described simply as one 'J'. The account books, thus, also do not connect the petitioner with any of the transactions noted ther....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....would be available to the court for the purpose of lending assurance to that finding. As, in the present case, the account books cannot be accepted as providing any materials against the petitioner and as evidence of P.W. 33 also furnishes nothing to incriminate him in the offence alleged, there is no independent evidence which can be called into service for the purpose of framing a charge of cons....