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2014 (9) TMI 1049 - HC - CustomsImport of baggages – Non declaration of certain articles – opting green channel - unable to prove sanction order issued to him and the independent witnesses named in the panchnama, and in whose presence the arrest and seizure took place, were not examined - Held that:- having named the panch witnesses, it was incumbent on the petitioner to produce them as witnesses. It would have been a different matter if there were no witnesses at all. In that case, the question whether in the absence of panch witnesses, the offence could be proved on the basis of the evidence of the official witnesses, could have arisen. However, where a panch witness is named and later it transpires that the address given by the panch witness is fictitious, then a different set of consequences will follow. It would throw grave doubts on the truthfulness of the panchnama which is shown to have been signed by the said panch witnesses. In the present case, the failure to produce the panch witnesses would lead to an adverse inference being drawn against the petitioner and in favour of the respondent. - Decided against the revenue
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