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    <title>2000 (8) TMI 383 - CEGAT,  CALCUTTA</title>
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    <description>Retracted statements, unsupported hearsay and general allegations of syndicate involvement were treated as insufficient to show a prima facie case against the appellants in relation to alleged diversion of Nepal-bound cargo. Cross-examination suggested a co-appellant&#039;s name had been introduced at the department&#039;s instance, and a later Commissioner&#039;s order finding no sufficient evidence against two appellants reinforced that assessment. On that evidentiary basis, the penalties and confiscation order did not justify denial of unconditional stay, and the stay petition was allowed unconditionally.</description>
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      <description>Retracted statements, unsupported hearsay and general allegations of syndicate involvement were treated as insufficient to show a prima facie case against the appellants in relation to alleged diversion of Nepal-bound cargo. Cross-examination suggested a co-appellant&#039;s name had been introduced at the department&#039;s instance, and a later Commissioner&#039;s order finding no sufficient evidence against two appellants reinforced that assessment. On that evidentiary basis, the penalties and confiscation order did not justify denial of unconditional stay, and the stay petition was allowed unconditionally.</description>
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