The Deputy Commissioner Of Customs v. Penshibabo Wang Private Limited

Crl.O.P.No.23480 of 2024 in Crl.A.SR.No.20693 of 2024 Crl.O.P.No.23480 of 2024 in Crl.A.SR.No.20693 of 2024 SUNDER MOHAN, J.

Aggrieved by the order of acquittal of the respondent for the offences punishable under Section 132, 135 (1) of Customs Act, the petitioner has filed the present petition seeking leave to file an appeal.

2. The learned counsel appearing for the petitioner would submit that thought the Trial Court had convicted the accused, the Lower Appellate Court, on the basis of perverse reasons namely that the certificate under Section 65B of the Indian Evidence Act was not produced for documents which were seized from the accused and that no sanction was obtained under Section 31 of the Insecticides Act though the prosecution was not in contravention of the provisions of Insecticides Act, acquitted the accused.

3. This court finds that the submissions made by the learned counsel for the petitioner requires further consideration and hence inclined to grant leave. Accordingly, leave granted.

4. Registry is directed to number the appeal and post for admission, if it is otherwise in order.

05.11.2024 rgr 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.23480 of 2024 in Crl.A.SR.No.20693 of 2024 SUNDER MOHAN, J.

rgr Crl.O.P.No.23480 of 2024 in Crl.A.SR.No.20693 of 2024 05.11.2024 2/2 https://www.mhc.tn.gov.in/judis