dik 1 Cr.Appn.5574.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE – CRIMINAL CRIMINAL APPLICATION NO.5574 OF 2010 Union of India ...Appellant vs Mr.Shyamlal Manakchand Singhvi & Ors ... Respondents Mr.Mandar Goswami, Advocate for the appellant. Ms. M.R.Tidke, A.P.P. for the respondent No.3 State CORAM: R. C. CHAVAN, J. DATED: 21st December,2011 P. C: I have heard learned A.P.P. & gone through the judgment. Learned Addl. Chief Metropolitan Magistrate 3rd Court, Esplanade, Mumbai acquitted respondents holding that there was no material to show complicity of respondents in offences u/s 135(1)(a) and 135(1)(b) p/u/s 135(1)(f) of The Customs Act 1962. First, nothing was seized from original accused No.2 who is respondent No.1 in this case. His statement which was retracted was recorded much after the incident. From respondent No.3, 7.5 gms gold was seized. But it did not have any foreign mark. Learned Magistrate rightly held that statement of the accused No.1 could not have been relied on against accused No.2,3 since accused No.1 was not tried along with accused Nos.2,3 at the same trial. dik 2 Cr.Appn.5574.2010 It cannot be said that the view taken by the learned Magistrate is perverse or improper. Leave refused. Appeal dismissed. ( R. C. CHAVAN, J. )