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    <title>2020 (1) TMI 1754 - BOMBAY HIGH COURT</title>
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    <description>Exoneration in departmental proceedings concerning the same transaction was treated as a relevant circumstance in considering interim protection against parallel criminal prosecution. The applicant argued that the Customs Act show-cause notice made no specific accusation and that the disciplinary findings and penalty had already been set aside in writ proceedings. The Court noted the different standards of proof in departmental proceedings and criminal trial, and assessed whether those facts made out a prima facie case for interim relief pending further hearing. Notice was directed and interim protection was granted in terms of the prayer clause.</description>
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      <description>Exoneration in departmental proceedings concerning the same transaction was treated as a relevant circumstance in considering interim protection against parallel criminal prosecution. The applicant argued that the Customs Act show-cause notice made no specific accusation and that the disciplinary findings and penalty had already been set aside in writ proceedings. The Court noted the different standards of proof in departmental proceedings and criminal trial, and assessed whether those facts made out a prima facie case for interim relief pending further hearing. Notice was directed and interim protection was granted in terms of the prayer clause.</description>
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