2006 (3) TMI 645

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....mar, DR, for the Respondent. [Order]. - On 31-8-1992, an FIR was registered by Gurgaon Police, about theft of vehicles manufactured by Maruti Udyog Ltd. Investigation led to the recovery of several stolen vehicles. While police authorities charged several persons including the present appellant, Mr. Joginder Singh for the theft, Central Excise Department issued show cause notice to recover d....

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....lso being pointed out that apart from police investigation and statement made before police, there is no evidence with the Central Excise authorities. 4. I have perused record and heard the learned DR also. 5. The finding of the Judicial Magistrate on the question of theft of motor vehicles is to be found in para 14 of the judgment. That para may be read : "14. The link evi....

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....ective deposing witnesses from the accused in question only, whereas PW19 has actually failed to disclose the number of dispatched cars from the company, which could be precise evidence to connect the number of recovered cars to the allegation levelled by the complainant. But that also is totally missing on record." 6. Thus the finding is that the very fact of theft does not remain establi....