https://www.taxtmi.com/caselaws?id=174882 Criminal proceedings under FERA may be quashed where departmental exoneration removes the factual foundation of the charge and the prosecution is left only with a retracted, uncorroborated statement. The Bombay High Court noted that adjudication and prosecution are distinct, but final exoneration on the same material is a relevant factor in deciding whether continuation of the case would serve any useful purpose. It further held that a retracted statement unsupported by independent documentary evidence or reliable corroboration cannot safely sustain criminal liability, especially where the remaining material is hearsay. The Court therefore found continuation of the prosecution to be abuse of process and quashed the proceedings. en-us Wed, 25 Apr 2007 00:00:00 +0530 Wed, 24 Jan 2024 14:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174882 Criminal proceedings under FERA may be quashed where departmental exoneration removes the factual foundation of the charge and the prosecution is left only with a retracted, uncorroborated statement. The Bombay High Court noted that adjudication and prosecution are distinct, but final exoneration on the same material is a relevant factor in deciding whether continuation of the case would serve any useful purpose. It further held that a retracted statement unsupported by independent documentary evidence or reliable corroboration cannot safely sustain criminal liability, especially where the remaining material is hearsay. The Court therefore found continuation of the prosecution to be abuse of process and quashed the proceedings. Case-Laws FEMA Wed, 25 Apr 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174882