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    <title>2009 (2) TMI 225 - HIGH COURT OF JUDICATURE AT BOMBAY</title>
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    <description>A retracted confession recorded under Section 108 of the Customs Act, 1962 may be considered only if its voluntariness and truth are supported by corroborative facts and circumstances. Where no independent material connected the accused to the seizure or alleged smuggling, and documents recovered from his premises did not advance the prosecution case, the statement could not safely sustain the conviction. Retracted statements of separated co-accused could not provide the necessary corroboration or assurance by themselves. In the absence of independent corroboration, the acquittal was upheld and the appeal failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=48521</link>
      <description>A retracted confession recorded under Section 108 of the Customs Act, 1962 may be considered only if its voluntariness and truth are supported by corroborative facts and circumstances. Where no independent material connected the accused to the seizure or alleged smuggling, and documents recovered from his premises did not advance the prosecution case, the statement could not safely sustain the conviction. Retracted statements of separated co-accused could not provide the necessary corroboration or assurance by themselves. In the absence of independent corroboration, the acquittal was upheld and the appeal failed.</description>
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      <pubDate>Thu, 05 Feb 2009 00:00:00 +0530</pubDate>
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