The Asst.Commissioner Of Customs ... vs Sayyed Musa Sayyed Dawood And Anr
2021 Latest Caselaw 17406 Bom

                                                                                        14-apeal-752-2004


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                                   CRIMINAL APPEAL NO.752 OF 2004

                             The Assistant Commissioner of Customs
                             (Prev.), Mumabi                             ..Appellant
                                   Vs.
                             Sayyed Musa Sayyed Dawood and Anr.          ..Respondents
                                                           ----
                             Mr.S.H. Yadav, APP for the Appellant-State.
                             Ms.Shruti Hampanagoudar i/b Mr.Subodh Desai for Respondent
          Digitally signed
NILAM     by NILAM
          SANTOSH
                             No.1.
SANTOSH
KAMBLE
          KAMBLE
          Date: 2021.12.14                                 ----
          16:57:19 +0530
                                                         CORAM : C.V. BHADANG, J.

                                                              DATE     : 14 DECEMBER 2021

                             P.C.

1. This is an Appeal against acquittal of the Respondent No.1 from the offence under the Customs Act and Section 120B read with Section 34 of the Indian Penal Code and Section 5 of the Imports and Exports (Control) Act.

2. The record discloses that a complaint was filed by the Appellant against in all seven persons. The Respondent No.1 was Accused No.3. The record further discloses that the trial proceeded only against Respondent No.1. In respect of the original Accused Nos.1,2 and 4 to 7, the proceedings were kept on the Dormant file.

                                     N.S. Kamble                                           page 1 of 2
                                                             14-apeal-752-2004

The Metropolitan Magistrate by the impugned judgment and order dated 10 August 1998 in C.C. No.30/CW/1987 has acquitted the Respondent No.1. Hence, this Appeal.

3. The learned counsel for the Respondent has filed a preacipe dated 17 February 2017 along with the death certificate of the Respondent No.1 which shows that the Respondent No.1 has expired on 17 March 2016. The office report shows that in view of the death certificate the appeal will have to be treated as abated.

4. In such circumstances, the appeal finally abates and it is disposed of accordingly.

C.V. BHADANG, J.

      N.S. Kamble                                              page 2 of 2