Supreme Court · 1978 INSC 191 · Decided 28 September 1978
Ratilal Bhanji Mithani v. The State of Maharashtra & ORS.
- Court
- Supreme Court of India
- Citation
- 1978 INSC 191 · [1979] 1 S.C.R. 993
- Case number
- CRIMINAL APPEAL No. 95/1977
- Decided
- 28 September 1978
- Bench
- R.S. SARKARIA, O. CHINNAPPA REDDY, A.P. SEN (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 167(81); CrPC; Evidence Act Section 10; Customs Act Section 5
Headnote
B Code of Crinlinal Procedure 1898, (5 of 1898)-Charge framed-Whether Magistrate has power to cancel the charge and discharge the accured . 'Di.rcharge' find 'Acquittal'-Distinct concepts applicable to different stages of proceedings. The· appellant and six others were charged with the to defraud the Government of the duty payable on various contraband goods, etc. and thereby committing offences under s. 120- B I.P.C. read with s. 167(81) of the Sea Customs Act 1878 and s. 5 of the Import and Exports Act 1947. The prosecution alleged that as a result of the criminal
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