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2007 (11) TMI 308 - HC - CustomsProsecution - Effect on criminal proceedings - Smuggling - Evidence - Held that:- In the instant case for lack of evidence on 3 points, namely, proof of ownership of the searched premises, proof of smuggled character of the goods and proof of confessional statement of the petitioner recorded under Section 108 of the Customs Act, the petitioner was exonerated. Needless to state, at the criminal trial the prosecution would be entitled to prove by leading evidence the ownership of the searched premises, smuggled character of goods and in particular confessional statement of the petitioner recorded under Section 108 of the Customs Act. In view of above discussion, the petition is devoid of any merits and is dismissed.
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