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2014 (5) TMI 488 - SC - CustomsRecall of order - Order once passed reviewed or modified - offence punishable under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) - Held that:- We do not find any forcible submission advanced on behalf of the petitioners that once the order had been dictated in open court, the order to review or recall is not permissible in view of the provisions of Section 362 Cr.P.C. for the simple reason that Section 362 Cr.P.C. puts an embargo to call, recall or review any judgment or order passed in criminal case once it has been pronounced and signed. In the instant case, admittedly, the order was dictated in the court, but had not been signed. - it is evident that a Judge’s responsibility is very heavy, particularly, in a case where a man's life and liberty hang upon his decision nothing can be left to chance or doubt or conjecture. Therefore, one cannot assume, that the Judge would not have changed his mind before the judgment become final - Decided against assessee.
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