https://www.taxtmi.com/caselaws?id=48323 At the charge-framing stage, the court must examine whether the record contains sufficient material to proceed, not whether conviction is probable. A defence explanation under Section 108 of the Customs Act, 1962 cannot be treated as conclusive at that stage. Where concealed contraband is recovered, the accused attempts to flee, and surrounding circumstances support prosecution, charge may be framed under Section 135(1). The High Court's inherent jurisdiction may be exercised to correct orders founded on settled legal error and to prevent miscarriage of justice. On those principles, the discharge and revisional orders were set aside and the matter was revived for trial. en-us Thu, 10 Jul 2008 00:00:00 +0530 Thu, 04 Dec 2014 15:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=48323 At the charge-framing stage, the court must examine whether the record contains sufficient material to proceed, not whether conviction is probable. A defence explanation under Section 108 of the Customs Act, 1962 cannot be treated as conclusive at that stage. Where concealed contraband is recovered, the accused attempts to flee, and surrounding circumstances support prosecution, charge may be framed under Section 135(1). The High Court's inherent jurisdiction may be exercised to correct orders founded on settled legal error and to prevent miscarriage of justice. On those principles, the discharge and revisional orders were set aside and the matter was revived for trial. Case-Laws Customs Thu, 10 Jul 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=48323