https://www.taxtmi.com/caselaws?id=754031 At the discharge stage, the court must ask only whether the unrebutted record and documents disclose a prima facie case making conviction reasonably possible, with limited sifting of material under Section 227 CrPC. On the facts, allegations of misuse of official position, departure from the confiscation procedure, provisional release of the consignment for pecuniary consideration, and supporting Section 164 CrPC material were sufficient to proceed. The finality of the customs provisional release order did not extinguish the alleged criminality, because the prosecution was based on abuse of office, illegal gain, and wrongful loss. The discharge challenge failed and the criminal proceedings were directed to continue. en-us Fri, 26 Apr 2024 00:00:00 +0530 Sat, 15 Jun 2024 08:21:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=754031 At the discharge stage, the court must ask only whether the unrebutted record and documents disclose a prima facie case making conviction reasonably possible, with limited sifting of material under Section 227 CrPC. On the facts, allegations of misuse of official position, departure from the confiscation procedure, provisional release of the consignment for pecuniary consideration, and supporting Section 164 CrPC material were sufficient to proceed. The finality of the customs provisional release order did not extinguish the alleged criminality, because the prosecution was based on abuse of office, illegal gain, and wrongful loss. The discharge challenge failed and the criminal proceedings were directed to continue. Case-Laws Customs Fri, 26 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=754031