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    <title>2008 (4) TMI 622 - CESTAT, CHENNAI</title>
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    <description>Acquittal in a connected criminal prosecution on the same facts can justify setting aside departmental penalty and confiscation where the criminal court extends benefit of doubt and rejects the prosecution version; the liability finding against the acquitted appellant was therefore removed. Adjudication against the remaining appellants was not disturbed merely because it arose from the same seizure and evidence, since departmental proceedings are independent of the criminal case and may proceed on a lower standard of proof. Their convictions based on voluntary statements and surrounding circumstances were treated as sufficient to sustain the customs adjudication.</description>
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      <description>Acquittal in a connected criminal prosecution on the same facts can justify setting aside departmental penalty and confiscation where the criminal court extends benefit of doubt and rejects the prosecution version; the liability finding against the acquitted appellant was therefore removed. Adjudication against the remaining appellants was not disturbed merely because it arose from the same seizure and evidence, since departmental proceedings are independent of the criminal case and may proceed on a lower standard of proof. Their convictions based on voluntary statements and surrounding circumstances were treated as sufficient to sustain the customs adjudication.</description>
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      <pubDate>Thu, 17 Apr 2008 00:00:00 +0530</pubDate>
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