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    <title>2026 (9) TMI 2016 - CESTAT ALLAHABAD</title>
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    <description>Penalty for alleged abetment of gold smuggling could not rest on statements recorded under the Customs Act unless the statutory safeguards for admissibility were met, including examination of the maker, a determination of admissibility, and an effective opportunity for cross-examination, unless an exception applied. Electronic call records and WhatsApp chats also required the prescribed certification. Faulty screening equipment, the absence of assigned screening duties as a proper officer, and lack of independent evidence linking the appellant to possession, handling, or dealing in smuggled gold further undermined the allegation. The penalty for abetment was therefore unsustainable.</description>
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    <pubDate>Mon, 28 Sep 2026 00:00:00 +0530</pubDate>
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