1991 (9) TMI 82

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..... -1984 passed by the learned Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, in Case No. 60-CW of 1983. 2. I have heard Mr. Kothari, learned Public Prosecutor and Mr. Gupte, learned Counsel appearing on behalf of the Respondent. Mr. Kothari submits that the learned Magistrate has acquitted the accused in this case on the ground that the Accused No. 1 is absconding. Accused No. 3 has .....

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..... ccused No. 1 is the father-in-law of the present accused No. 2 fully supports what is mentioned in the statement under Section 108 of the Customs Act. This position is violently contested by Mr. Gupte, learned Counsel appearing for the accused, who submits that it is well-settled law that a statement which has been retracted cannot form the solitary basis of conviction. He submits that the evidenc .....

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