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Report No. 88

10.9. Other national interest.-

Many national interests other than that of national security have been protected by the rule under consideration.1 One of the cases may be cited.2 Internal communications between the Customs and Excise Commissioners and their staff and communications of the Commissioners with third parties, all of which were brought into existence to enable the Commissioners to fulfill their statutory obligation of forming an opinion concerning the basis on which purchase tax should be payable by the company, were held to be proper subjects of a claim to withhold them from production in the public interest.

1. Cross Evidence, (1979), p. 307.

2. Alfred Cromption Amusement Machines v. Customs Commr., (1973) 2 All ER 1169.

Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back

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