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Customs - Highlights / Catch Notes

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Non-forwarding of bills by user departments for scrutiny and ...


Lack of evidence leads to discharge in alleged corruption case.

August 31, 2024

Case Laws     Customs     HC

Non-forwarding of bills by user departments for scrutiny and delay in uploading soft copies led to rejection of discharge application. However, the material presented by CBI fell short of substantiating the accusations against the petitioners. Absence of prosecution against public servants raised doubts about CBI's ability to prosecute petitioners, as per the Delhi High Court's ruling that dropping charges against the main public servant precludes charges of abetment. No grave suspicion was established based on available evidence. Continuing prosecution would be an abuse of legal process with no chance of conviction. The High Court set aside the lower court's order and discharged the petitioners.

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