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2016 (3) TMI 472 - HC - CustomsRevision petition - Setting aside of judgment of conviction and order of sentence - Commission of offences under Section 135(1)(a) of the Customs Act, 1962 - import / possession of gold - Held that:- there are several lacunae in the prosecution case. The statement of the petitioners recorded under Section 108 of the Customs Act cannot be said to be voluntary and, therefore, cannot be used against them in evidence. It has also been observed that the confessional statement of co-accused/petitioner cannot be read against the petitioner as the same was shown to be not voluntary and that there was nothing incriminating against the petitioner in the alleged confessional statement of petitioner. The non-examination of public independent witnesses is also a loophole in the case of the prosecution. Another lacuna in the case of prosecution is non-examination of goldsmith who allegedly gave the purity certificate of gold and in the absence of his examination, contents of purity certificate cannot be held to be duly proved. Therefore, the judgment of conviction and order of sentence passed by the learned Trial Court are set aside. - Decided in favour of petitioner
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