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Offence under FEMA - unauthorized foreign exchange recovered from a person who named appellant - It is not in dispute that the department has allowed to cross examination of main witness (accused) Shri Thlabikhe who was not produced as he was absconding - It was the duty of the respondent to trace him out for cross-examination - Thus, merely on the basis of presumption, the inference can be drawn against the appellant without clinching evidence - appeal allowed
Offence under FEMA - unauthorized foreign exchange recovered from a person who named appellant - It is not in dispute that the department has allowed to cross examination of main witness (accused) Shri Thlabikhe who was not produced as he was absconding - It was the duty of the respondent to trace him out for cross-examination - Thus, merely on the basis of presumption, the inference can be drawn against the appellant without clinching evidence - appeal allowed
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