2007 (9) TMI 95 - HC - Central Excise

Statement made by a witness u/s 14 is exfacie admissible as it is not hit by any defects in terms of Evidence Act Such statements are in nature of admission and not expression confession Penalty is imposable for clandestine removal

Issues Involved:

1. Admissibility of statements made under Section 14 of the Central Excise Act, 1944.
2. Requirement of cross-examination of witnesses.
3. Admissibility of recovery from an individual under the law.
4. Value of retracted statements made under duress.
5. Admissibility of statements made under duress.
6. Imposition of demand/penalty without cross-examination of witnesses.

Issue-wise Detailed Analysis:

1. Admissibility of Statements under Section 14:
The primary issue was whether statements made under Section 14 of the Central Excise Act, 1944, are admissible in evidence to sustain a penalty under the Central Excise Rules, 1944. The court referenced the Supreme Court's decision in *Assistant Collector of Central Excise, Rajamundry v. Duncan Agro Industries Ltd.*, which established that statements made under Section 14 are admissible in evidence as long as they are not vitiated by inducement, threat, or promise under Section 24 of the Evidence Act, 1872. The court found no evidence of such malady affecting the statements of Ram Kumar and Shivji Ram, thus affirming their admissibility.

2. Requirement of Cross-Examination:
The appellant argued that they were not given the opportunity to cross-examine the witnesses whose statements were relied upon by the department. The court noted that the adjudicating authority had issued summons for the cross-examination of Shri Ram Kumar, but he was not available. The court emphasized that the statements made by Shivji Ram and the corroborative documentary evidence were sufficient to sustain the penalty without the necessity of cross-examination.

3. Admissibility of Recovery from an Individual:
The appellant contended that the recovery from Shri Ram Kumar was inadmissible based on the Supreme Court's ruling in *CBI v. V.C. Shukla*. The court distinguished this case, noting that the entries in question were part of regularly maintained records, unlike the loose sheets in *V.C. Shukla*. Therefore, the recovery was deemed admissible.

4. Value of Retracted Statements:
The appellant argued that the retracted statement of Shivji Ram, made under duress, should not hold any value. The court, however, found that the initial statement made by Shivji Ram under Section 14 was corroborated by other evidence and witnesses. The court cited *Palvinder Kaur v. State of Punjab*, emphasizing that an inculpatory part of a statement can be relied upon if corroborated by other evidence, even if the statement is subsequently retracted.

5. Admissibility of Statements Made Under Duress:
The court examined whether the statements made by Shivji Ram and Ram Kumar were under duress. It found no evidence to suggest that these statements were made under any inducement, threat, or promise. The court highlighted that Shivji Ram's statement was detailed and contained admissions corroborated by other evidence, thus affirming its admissibility.

6. Imposition of Demand/Penalty Without Cross-Examination:
The appellant contended that the demand and penalty were imposed without granting an opportunity for cross-examination. The court reiterated that the absence of cross-examination did not invalidate the statements and evidence presented. The corroborative evidence and the detailed admissions made by Shivji Ram and Ram Kumar were sufficient to uphold the demand and penalty.

Conclusion:
The court dismissed the appeal, affirming the admissibility of statements made under Section 14 of the Central Excise Act, 1944, and the imposition of demand and penalty based on the corroborated evidence and admissions. The arguments regarding the necessity of cross-examination and the value of retracted statements were found to be without merit.

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