Revisional interference with discharge denied where uncorrborated recovery and unreliable customs statements failed to show a prima facie case.

Revisional interference with a discharge order was refused because the prosecution material did not disclose a prima facie case for conviction. The Delhi High Court accepted that the alleged recovery lacked corroboration, as there was no panch witness and no independent evidence connecting the scooter to the accused. It also treated the Section 108 Customs Act statements as unreliable in light of allegations of coercion and medical circumstances casting doubt on voluntariness. On that record, the discharge order was upheld and the challenge failed.

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Issues: Whether the order discharging the accused could be interfered with in revision on the ground that the material on record was insufficient and the statements recorded under the Customs Act were unreliable.

Analysis: The petition challenged the discharge order passed after the matter was remitted for fresh consideration. The Court found no infirmity in the order of discharge. The Trial Court had noted the absence of a panch witness for the alleged recovery, the lack of independent evidence linking the scooter to the accused, and the fact that the case rested substantially on statements under Section 108 of the Customs Act. The Court also accepted that the surrounding circumstances, including the allegation of coercion and the medical indications referred to in the record, cast serious doubt on the voluntariness and reliability of those statements. In those circumstances, no prima facie basis for conviction was shown.

Conclusion: The revisional challenge failed and the discharge order was upheld.

Final Conclusion: Interference was unwarranted because the record did not disclose a sustainable prosecutorial case against the accused.

Ratio Decidendi: Revisional jurisdiction will not be exercised to unsettle a discharge order where the prosecution material lacks corroboration and the evidence relied upon does not furnish a reliable basis for conviction.

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