The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the court below reversed the judgment of the court of first instance which found the defendant guilty on the facts charged of this case on the grounds that there is no proof of the facts charged and sentenced the defendant not guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on refusal of return

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.