Babu Prasad Jha v. M/s Baidyanath Thakur & Shankar
Case at a glance
Provisions considered
Judgment
acquitted. In the meantime, being aggrieved by the acquittal order of this Court, the Department preferred a Special Leave Petition before the Apex Court which was numbered as Cr Misc Petition No 16806 of 2007. The Apex Court dismissed the same summarily. Thus, there is no conviction in the present case. Petitioner, on these facts, now wants the truck to be released to 2 him unconditionally. In view of the acquittal and the prosecution having failed to establish its case, no useful purpose would be served by permitting the truck in question to be detained any longer in this case. I, accordingly, direct the Assistant Commissioner, Customs (Preventive), Division Motihari, East Champaran to forthwith release truck No UP 78 B – 4653 to the petitioner on proper identification without any pre-condition of any nature. In view of the aforesaid, the writ petition itself now stands finally disposed of. M.E.H./ (Navaniti Prasad Singh)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.