VidhiSangh

Supreme Court of India · 29/10/2021

A.T. MYDEEN AND ANOTHER versus THE ASSISTANT COMMISSIONER, CUSTOMS DEPARTMENT

[2021] 10 S.C.R. 91 · 2021 INSC 697

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Summary

The Court remitted two customs appeals for fresh High Court decisions because a common judgment used evidence from only one of the separate trials to convict both sets of accused. Identical witnesses and documents did not make the trial records interchangeable: cross-examination, individual roles and exhibit numbering differed. Each appeal required independent consideration of its own evidence, subject to statutory exceptions. Guilt and other factual and legal questions remained open; one deceased appellant’s appeal had abated.

Issues

  1. Whether an appellate court could decide appeals from separate trials using evidence discussed from only one trial.
  2. Whether asserted similarity of witnesses and documents cured the defect and what remand was required.

Provisions considered

Held

Result

Appeals allowed to the extent surviving; High Court judgment set aside and both appeals remitted for fresh consideration of their respective trial records. All factual and legal issues left open; deceased appellant’s appeal abated.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 91.