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TMI Blog2022 (2) TMI 1465X X X X Extracts X X X X X X X X Extracts X X X X ..... ing trial of the case, the accused took a plea that his confessional statement was recorded by force and coercion. It is also specifically pleaded by the accused that he accumulated the seized money from his construction business. In order to prove that he is engaged in construction business, the respondent submitted series of documents during trial of the case. The Learned Trial Court accepted the defence version. As needless to say that in the instant case two views are apparent on the face of the record. First, the allegation of accumulation of money by way of illegal foreign exchange and payment of money illegally to different persons and secondly, the accused accumulated money by way of construction business. It is no longer res integr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in pursuance to a notice under Section 40 of FERA the accused gave voluntary statements on 24th April, 1996 stating, inter alia, that he was engaged in receiving and making payments from and to different persons in India on commission basis at the rate of Rs. 200/- on each one lakh rupees against Bangladeshi currency notes under the instruction of Bangladeshi nationals namely, Osman Ali Lomex, Chand Ali Sk. and Nirmal Kumar Saha. The accused also admitted that he is not an authorized dealer in foreign exchange. He was doing such business without any licence required under FERA. It is further stated by the complainant that during the period between September, 1995 to 23rd April, 1996 the accused received a sum of Rs. 91,12,300/- from d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the charge against the accused and, therefore, he passed an order of acquittal. The said judgment and order of acquittal passed in Complaint Case No.1479 of 2001 is assailed in the instant appeal. Mr. Roy, learned advocate on behalf of the Enforcement Directorate, the appellant herein, has made a very short but pertinent submission, which requires due consideration of this Court. According to Mr. Roy, the accused made a confessional statement before the competent officer under FERA in his own hand writing admitting his guilt that he was engaged in conversion of foreign currency notes and used to receive commission at the rate of Rs. 200/- per lakh. It is also admitted by him that he is carrying on such business under the instruction of thre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used had earned the seized money by construction business. Mr. Roy further submits that the Learned Magistrate refused to rely on the evidence of the witnesses on behalf of the complainant on the ground that they are the Officers and Police personnel attached to Enforcement Directorate. Placing reliance of a decision of the Hon ble Supreme Court in the case of C. Ronald Anr. Vs.- U.T. of Andaman Nicobar Islands reported in AIR 2011 SC (Supp.) 673 it is submitted by Mr. Roy that there is no principle of law that a statement made in Court by a Police personnel has to be disbelieved. It may or may not be believed. It is not that all Policemen will tell lie. There are good and bad people in all walks of life. There are good or bad Police men as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amination of independent witnesses is fatal for the prosecution. Learned Advocate for the respondent further submits that the accused while examination as D.W. 1 has proved by filing series of documents that he was engaged in construction business. Exhibit A to L are the documents from which it was proved beyond all shadow of doubt that the accused entered into an agreement of development of land. He purchased the land with other persons. Thereafter, it was developed. He accumulated money for development of land by selling ornaments of his wife and other near relations. The sale receipt of the ornaments were exhibited during trial of the case as Exhibit - H to Exhibit L and accordingly, he was able to prove by filing statement of account, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities under the FERA are not Police Officers and in confessional statement made by an accused before the Enforcement Directorate is admissible in evidence. However, admissibility and probative value of a particular statement are two different aspects which requires to be considered in the instant appeal. It is needless to say that confessional statement is not a substantive piece of evidence. It is corroborative in nature. Moreover, when a confessional statement is retracted its evidentiary value loses in view of the fact that the Court is required to weigh the probative value of two statements one in the nature of confession and another in the nature of retraction. During trial of the case, the accused took a plea that his confessio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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