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2005 (7) TMI 259 - CESTAT, KOLKATAExtract: .......he basis of the statement of co-accused who was not traceable. Under these circumstances, the penalty is not imposable. There is no iota of evidence against the appellants. The appeal deserves to be allowed. Consequently, I set aside the impugned order and allow the appeal with consequential relief to the appellants. (Pronounced in the open Court.)
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