Supreme Court · 2021 INSC 697 · Decided 29 October 2021
A.T. Mydeen and Another v. The Assistant Commissioner, Customs Department
- Court
- Supreme Court of India
- Citation
- 2021 INSC 697 · [2021] 10 S.C.R. 91
- Case number
- CRIMINAL APPEAL No. 1306/2021
- Decided
- 29 October 2021
- Bench
- D.Y. CHANDRACHUD, VIKRAM NATH, B.V. NAGARATHNA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 367, 391, 273, 205, 299; Evidence Act Section 273, 33; Customs Act
Headnote
Code of Criminal Procedure, 1973: Allegation of clandestine export - Two separate trials - Acquittal by two separate judgments - Appellate court considering evidence of only one case and convicting the accused - Propriety of - Held: Evidence trial against any accused is confined to the culpability of that accused only and it does not have any bearing upon a co- accused, who has been tried on the basis of evidence recorded in a separate trial, though for the commission of the same offence - In the instant case, High Court
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