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TMI Blog2008 (12) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... lant, for contravention of the provisions of section 9(1)(b) and 9(1)(d) of FERA, 1973 for having received Indian currency to the tune of Rs. 10,48,836 and for having made payment of Rs. 37,45,163 in India on instructions of a person resident outside India without the permission of the RBI. The appellant has pre-deposited Rs. 1 lakh in compliance of the order of the Hon'ble High Court dated 18-10-2007 where presently this appeal is taken up for final disposal on merits. 3. I have heard learned Advocate Shri Kiran R. Soni who argued on behalf of the appellant and Shri A.C. Singh, DLA, on behalf of the respondent and gone through the records and relevant law carefully. This is a follow up case where the investigation was initiated with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is argued by ld. Counsel Sh. Kiran Soni, Advocate on behalf of appellant that the appellant was working as a broker in the trade of gold and silver in Manekchowk who used to have business dealings with Indulal Shivlal Soni. He used to take customers to Indulal S. Soni for the sale and purchase of gold and silver. His association with Indulal S. Soni was pertaining to sale and purchase of gold and he was given 5 per cent commission from Indulal S. Soni on the transactions pertaining to the gold purchase. The customers who were from out of station were referred by the appellant to Indulal S. Soni for sale and purchase of gold. Though Indulal S. Soni was engaged in hawala payments and he specified the names of several angadias, viz., Jayantila ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n : For the purposes of this clause, where any person in, or resident in, India receives any payment by order or on behalf of any person resident outside India through any other person (including an authorised dealer) without a corresponding inward remittance from any place outside India, then, such person shall be deemed to have received such payment otherwise than through an authorised dealer; ** ** ** (d) make any payment to, or for the credit of, any person by order or on behalf of any person resident outside. 6. Thus under the statutory scheme no person in, or resident in, India shall receive, otherwise than through an authorised dealer, any payment or make any payment by order or on behalf of any person resident outside India. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bricated story about the entries of his name which were found in the seized documents. The close nexus between the appellant and Indulal S. Soni is found established from his own statement where the nature of the seized documents and entries are sufficiently explained by the statement of Indulal S. Soni as well as the circumstantial evidence of the case. 9. Moreover, ld. Counsel could not give reply of the question as to the cross-examination of Indulal S. Soni by the appellant. The appellant has tried to challenge the entries of the seized incriminating documents by arguing that the entries related to sale and purchase of gold by the customers who were referred by the appellant to Indulal S. Soni and when the transactions as to sale of gol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utory provision to the contrary. But in appreciating its scope and the nature of the onus cast by it, we must pay due regard to other kindred principles, no less fundamental, of universal application. One of them is that the prosecution or the Department is not required to prove its case with mathematical precision to a demonstrable degree; for, in all human affairs absolute certainty is a myth and as Prof. Brett felicitously puts it- 'all exactness is a fake'. El Dorado of absolute proof being unattainable, the law, accepts for it, probability as a working substitute in this work-a-day world. The law does not require the prosecution to prove the impossible. All that it requires is the establishment of such a degree of probability t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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