9911796707
TMI Blog2007 (9) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... by him, that should not have been erroneously interpreted by the ld. Appellate Authority below. The hostile approach by the ld. Commissioner (Appeal) even stating that the plea of defence under Foreign Exchange Regulation Act having been laid for the first time before him is sufficient enough to bring to record that how he intended to discard the full proof test made by the ld. Adjudicating Authority. The ld. Adjudicating Authority in his finding at page-6 of the order came to a very clear conclusion that there was no evidence to prove the currencies seized was out of some sale of gold. This finding is sufficient to make the appellant charge free Further, when there was no evidence bringing out the nexus between sale of gold and seized curr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g three categorical findings at Page-6 of the order of adjudication :- (i) During the shop premises of notice no 3 on 12-6 2003 i.e. on the date of seizure itself nothing incriminating was recovered also no trace of any other gold buyer could be found through the accused or any other source. (ii) Also RBI has also informed that under the provisions of FEMA, 1999 there is no restriction in dealing with the Nepalese currency in India. (iii) The investigation could not show any material to prove that currency is sale proceeds of gold. As such the statement of Sri Ratan Prasad (Noticee No. 1) that Sri Mohan Kumar, (Noticee No. 3) is using some other person to bring gold not been established and no corroboration or material was shown in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an be raised as a plea of defence at any stage of litigation. If the source was not established and that too FEMA Regulation also does not bring the appellants to charge, they should be charge free. There is no doubt that the statement under Section 108 of Customs Act, 1962 is not recorded by a police officer under 164 Criminal Procedure Code but a statement recorded under Customs Law cannot be simply believed without any evidence corroborating the same while the statements shall have certain value in the eyes of law. Corroboration of evidence being an essential consideration in case of confessional statement, the statement relied upon by the ld. First Appellate Authority has defeated sacrosanct object of law Consequently, the impugned orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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