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2010 (9) TMI 38 - DELHI HIGH COURTRecording of testimony of witness - department failed to produce the witness - Held that: - On the request of the petitioner, Department of Customs, one opportunity was granted to produce PW-2, Mr.Rajiv Kumar Kumra but they failed to produce him. Wait cannot be endless. The alleged offence relates to year 1990. Enough time and fair opportunity has been given to the prosecution to lead their evidence. In view of the aforesaid the impugned order dated 18th April, 2007 does not merit interference in exercise of discretionary jurisdiction under section 482 of the Code
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