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Statements recorded under section 108 of the Customs Act are admissible evidence, subject to natural-justice safeguards, including cross-examination where the statements are relied upon. Retraction of such statements requires supporting affidavits or documents; an unsupported retraction may not displace the evidentiary material. Liability for abetment of smuggling may rest on consistent statements from persons involved in import clearance when corroborated by financial transactions, emails, and witness testimony establishing control over the importing concern. Penalties for involvement in smuggling may be reduced where considered excessive, while findings on liability remain sustained.
Statements recorded under section 108 of the Customs Act are admissible evidence, subject to natural-justice safeguards, including cross-examination where the statements are relied upon. Retraction of such statements requires supporting affidavits or documents; an unsupported retraction may not displace the evidentiary material. Liability for abetment of smuggling may rest on consistent statements from persons involved in import clearance when corroborated by financial transactions, emails, and witness testimony establishing control over the importing concern. Penalties for involvement in smuggling may be reduced where considered excessive, while findings on liability remain sustained.
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