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TMI Blog2008 (10) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... half of person resident in Abu Dhabi, UAE in contravention of Section 3(c) of FEM Act, 1999. 3. By an order dated 22-10-2003, this Tribunal after hearing Shri Romy Chacko, Ld. Counsel for the appellant directed the appellant to deposit 10% of the penalty amount within 60 days from the date of receipt of the said order. It is stated that the appellant has complied with the said order of pre deposit Presently, this appeal is taken up for final disposal on merit. 4. Heard Shri Romy Chacko, Ld. Counsel for the appellant Written submission filed on behalf of the appellant is taken on record. It is inter alia contended that the impugned order is solely based on the retracted confessional statement of the appellant and one Vysakh note book belongi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A further contended that on the basis of the information derived from the documents, recipients were examined who had admitted receiving payment from the appellant as per the arrangement made from abroad whereafter the contravention has been fully established and thus the impugned order cannot be faulted with. 6. The main crux of the argument of Shri Romy Chacko, Ld. Counsel for the appellant is that retracted confessional statement cannot be admissible in evidence. In this regard, reference may be made the recent decision of the Hon'be Supreme Court in State (NOT) Delhi v. Navjot Sandhu @ Afsan Guru (2005) 11 SCC 600 as follows :- ..Under the general law of the land as reflected in the Evidence Act, no confession made to a police offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt will refrain from acting on such confession, even if it be a confession made to a Magistrate or a person other than a police officer. Confessions leading to discovery of a fact which is dealt with under section 27 is an exception to the rule of exclusion of confession made by an accused in the custody of a police officer. Consideration of a proved confession affecting the person making it as well as the co-accused is provided for by section 30. Briefly and broadly, this is the scheme of the law of evidence vis a vis confessions. The allied provision which needs to be noticed at this juncture is section 162 Cr. Pc. It prohibits the use of any statement made by any person to a police officer in the course of investigation for any purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re material particulars. It is enough that there is broad corroboration in conformity with the general trend of the confession, as pointed out in Subramania Goundan case. The analysis of the legal position in paras 18 and 19 is also worth noting: (SCC p. 788). 18. Having thus reached a finding as to the voluntary nature of a confession, the truth of the confession should then be tested by the court. The fact that the confession has been made voluntarily, free from threat and inducement, can be regarded as presumptive evidence of its truth. Still, there may be circumstances to indicate that the confession cannot be true wholly or partly in which case it loses much of its evidentiary value. 19. In order to be assured of the truth of confessio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Court considering the applicability of the provisions of Evidence Act in non criminal enquiry observed :- 8. It is fairly well settled now that in view of the wide power of the Labour Court it can, in an appropriate case, consider the evidence which has been considered by the domestic Tribunal and in a given case on such consideration arrive at a conclusion different from the one arrived at by the Domestic Tribunal. The assessment of evidence in a domestic enquiry is not required to be made by applying the same yardstick as a Civil Court could do when a lis is brought before it. The Indian Evidence Act, 1982 (in short the 'Evidence Act') is not applicable to the proceeding in a domestic enquiry so far as the domestic enquires ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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