1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1444 OF 2009 IN CRIMINAL APPEAL No. of 2009 The Union of India .. Applicant. vs. Iqbal Ismail Chali alias Odani ..Respondent. Mr D.N.Salvi, Advocate for the applicant. Mr Tushar Shah for Respondent No.1. Mrs M.H. Mhatre, A.P.P. ,for the State. CORAM: : A.R. JOSHI,J. DATE : 7th July, 2009. P.C.:- 1. Heard rival submissions for some time. It is the application preferred by the Union of India through the Commissioner of Customs (Preventive) for leave to file appeal against the order of acquittal of the respondent No. 3-accused dated 28.8.2008 for the offence under Section 135 (1) (a) punishable under Section 135 (1) (iii) of the Customs Act, 1962 passed by the learned Additional Chief Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai. 2 2. Allegedly, it is the case of the applicant- complainant that accused Nos. 1 and 2 were intercepted while travelling to Delhi and were found in possession of some foreign currency. They were put under arrest. Their statements were recorded. Thereafter, present respondent- accused No.3 came to be arrested. His statement was also recorded. Admittedly, his statement is not incriminating against him whereas according to the case of the Customs, statements of accused Nos. 1 and 2 implicate accused No. 3,inasmuch as according to them, accused No.3 had given them a bag containing foreign currency. It is admitted position that during the trial accused Nos. 1 and 2 absconded and trial against them is separated. As such, only present respondent  accused No.3 faced the trial. Admittedly, the case of the Customs mainly based on the statements of the co-accused i.e., absconding accused Nos.1 and 2. As such, considering the reasons given by the Trial Magistrate, in the opinion of this Court, there is nothing to re-agitate the said issue again in the appeal and as such present leave petition stands dismissed and accordingly disposed of. (A.R.JOSHI,J) 3