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2008 (5) TMI 435 - HC - CustomsOriginal documents have been misplaced by the concerned officer and are not traceable - Callous and negligent manner of the Customs Department in handling its inquiries and consequent filing of the complaints in the court of law without the original documents - only pre-charge evidence available before the Magistrate for consideration for framing of charge was oral evidence not supported by any documentary evidence – Held that: - nature of oral evidence recorded by the court without any proper support from documents, the trial court as well as the revisional court erred in holding that prima facie case under Section 135(1)(b) of the Customs Act was made out against the present Petitioner - there should be strong suspicion created in the mind of the court from the material available on the record, the possibility of the Petitioner having committed the offence cannot be ruled out and need to be reversed – orders set aside.
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