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TMI Blog2008 (9) TMI 852X X X X Extracts X X X X X X X X Extracts X X X X ..... ary jurisdiction of this Court under Article 226 of the Constitution of India. - 2343 of 2008 - - - Dated:- 11-9-2008 - D.K. Deshmukh and J.P. Devadhar, JJ. Shri D. Shroff i/b ACE Legal Consultants, for the Petitioner. S/Shri R.V. Desai with A.S. Rao, for the Respondent. [Order]. - P.C. : By this petition, the petitioner challenges the order passed by the tribunal declining to dispense with the condition of predeposit for entertaining his appeal. By the order which has been impugned before the tribunal passed under Section 50 of the FERA, penalty of Rs. 35,00,000/- has been imposed on the petitioner. The reason why penalty has been imposed is that it has been found that the petitioner during the period 1992-93 had received and made payments to the tune of Rs. 1,89,73,000/- in India by an order for and on behalf of persons outside India without the permission of the R.B.I. The tribunal has passed a reasoned order. The tribunal has found that the petitioner was deeply involved with Tiger Memon, who was responsible for 1993 blast in Mumbai. The tribunal has also held that the contention of the petitioner that he was not given personal hearing also cannot be prima facie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly an order in the discretion of the tribunal. After having gone through the record, we find that passing any order, which is in the discretion of the Court in favour of the petitioner would not be in public interest and, therefore, in our opinion the tribunal was fully justified in declining to dispense with the requirement of predeposit in favour of the petitioner. We have gone through the confessional statement made by the petitioner. Perusal of that confessional statement shows that the petitioner was involved in clandestine banking activities for a very long time. Even after his arrest by the C.B.I. in the year 1991, he recommenced his clandestine banking activities. Perusal of the judgment of TADA Court shows that though the TADA Court acquitted him of the charge of conspiracy, there is clear finding recorded by the TADA Court that he had clear knowledge of the terrorist activities of Tiger Memon. The material available on record shows that the petitioner was deeply involved with the outlaws. Following paragraphs from the Judgment of the TADA Court show his involvement with the persons involved in the Bombay Bomb blast :- 23. In the aforesaid context, it will be necessar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence of conspiracy for which he is charged with. 24. In the aforesaid context without unnecessary making the dilation about the matters prayed from the confession of A-97 as found corroborated by the material in the confession of A-10, 46, 26 and the other evidence it is crystal clear that account by name Hati was opened by Tiger Memon with A-97 and the said account was operated by him through A-10, 46 26 either as per his direction or as per the direction given by A-l Yakub Memon. The relevant material clearly reveals that the money was circulated through the said account and the same was used for making the payments for the operation which were effected in pursuance to the conspiracy. The matters from the confession of A-97 in Clauses No. 5, 6 and 7 reveals the manner in which the amounts were deposited in the said Hati A/c. and the matters in cl. No. 8, 9 10 reveals the manner in which the said amounts were removed. The matters stated in Cl. No. 11 of the confession of A-97 reproduced hereinabove reveals the manner in which A-97 was keeping the record of the said transaction. Now considering the said matters in light of the relevant part of the material in confession of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... culating the money which was to be used for effecting the operations to commit the terrorists act in Bombay. It is true that the material in confession of A-97 reveals of A-26 having told that the money deposited was from the Silver Smuggling. However, considering the evidence on record and during the relevant time, Tiger Memon having effected silver smuggling or having received such money being not spelt from the same and thus the relevant matters being belied by the other material on the record the said recital of exculpatory nature will be required to be left out of the consideration by discarding the same. 36. In the light of the discussion made hereinabove point No.180 and so also points regarding involved of A-97 in offence of conspiracy will be required to be answered in consonance with the conclusion arrived during the same, i.e. point No.180 in the affirmative of A-97 being guilty for commission of offence u/s. 3(3) of TADA while the points pertaining to the conspiracy will be required to be answered in negative i.e. himself being not guilty for any offence of conspiracy as suspicion even of high degree can never take place of proof of a liability of commission of crimin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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