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    <title>2011 (1) TMI 1433 - DELHI HIGH COURT</title>
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    <description>A discharge order was held unsustainable where the sanction for prosecution disclosed application of mind to the material before the authority, and the order was not invalid merely because it did not state who supplied the information or how the facts came to notice. The prosecution case was also found to rest on a broader circumstantial record and departmental witness material, not only on a retracted statement under the Customs Act. Where some witnesses had not been examined, the trial court could summon additional evidence instead of terminating the proceedings at the threshold; the matter was directed to proceed to charge and trial.</description>
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      <link>https://www.taxtmi.com/caselaws?id=204030</link>
      <description>A discharge order was held unsustainable where the sanction for prosecution disclosed application of mind to the material before the authority, and the order was not invalid merely because it did not state who supplied the information or how the facts came to notice. The prosecution case was also found to rest on a broader circumstantial record and departmental witness material, not only on a retracted statement under the Customs Act. Where some witnesses had not been examined, the trial court could summon additional evidence instead of terminating the proceedings at the threshold; the matter was directed to proceed to charge and trial.</description>
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