https://www.taxtmi.com/caselaws?id=298625 Section 299 CrPC applies only where the accused is shown, on cogent material and a clear judicial finding, to have absconded and there is no immediate prospect of arrest; those conditions are conjunctive and the provision must be strictly construed. The record indicated that the accused had already been arrested before the impugned order, so the foundational facts for admitting evidence recorded in his absence were absent. Section 14(5) TADA similarly required recorded reasons and was not properly attracted on these facts. The prior depositions could not validly be used against the accused, and the impugned order was unsustainable. en-us Mon, 11 May 2009 00:00:00 +0530 Mon, 10 Mar 2025 14:51:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298625 Section 299 CrPC applies only where the accused is shown, on cogent material and a clear judicial finding, to have absconded and there is no immediate prospect of arrest; those conditions are conjunctive and the provision must be strictly construed. The record indicated that the accused had already been arrested before the impugned order, so the foundational facts for admitting evidence recorded in his absence were absent. Section 14(5) TADA similarly required recorded reasons and was not properly attracted on these facts. The prior depositions could not validly be used against the accused, and the impugned order was unsustainable. Case-Laws Indian Laws Mon, 11 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298625