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2010 (8) TMI 323 - HC - CustomsProsecution – examination of witness – prosecution for gold smugglings - It is seen from the judgment of the trial Court and judgment of the I-appellate Court, the trial Court has made a cursory reference to the voluntary statement given by the accused under Section 108 of the Act The I-appellate Court has not at all considered the voluntary statement given by the accused under Section 108 of the Act. - Court not considered the circumstances under which the complainant had been disabled from examining before the trial Court - matter remanded to appellate Court
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