9911796707
TMI Blog2007 (9) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... s in India on instructions of Shri Anwar of Dubai, a person resident outside India without the permission of RBI. It is a very old appeal of the year 2000 where due to long pendency of this appeal along with application for dispensation from pre-deposit of penalty amount, full dispensation is granted in favour of appellant. Presently, the appeal is taken up for final disposal on merits. 3. It is a follow up case where one Rajesh Jain was apprehended by Custom Deptt. on 21-6-1997 and on his statement recorded by the Custom Authorities it was found that the payment of Rs. 22 lakhs was made by him to one Shri Babu Bhai with Telephone No. 5597383 563055 as per instructions of one Kola of Dubai, a person resident outside India. On the basis of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this case where receipt of Indian currency in India did not amount to violation of the provisions of FER Act. As against it, Shri A.C. Singh, ALA vehemently argued against the contentions raised by the appellant stating that the impugned order was liable to be confirmed as there was sufficient cogent evidence on the record to prove the charges against the appellant. 5. I have heard the rival submissions of both the parties and gone through the record carefully. It is a follow up case where the appellant was located and identified on the basis of information made available by Shri Rajesh Jain who was investigated by Custom Authorities particularly the information about the phone numbers which were found to belong to the appellant. The appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant is fully corroborated by the documentary as well as attended circumstantial evidence of the case. 7. In the instant case, the confessional statement of the appellant is fully supported by the evidence available on record and attended circumstantial evidence of this case. I find no force in the arguments of Ld. Counsel of the appellant that the charges were not proved because the identity of the person resident outside India was not established. Having considered the facts and evidence of this case the identity of the person who delivered the said amount to the appellant if not established in this case, is not going to help the appellant where there is otherwise sufficient evidence against the appellant to prove his guilt under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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