9911796707
TMI Blog2005 (9) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... n India under instructions of one Shri Hameed of Dubai a person resident outside India without the general or special exemption of RBI. 2. A SCN No. T-4/2/BZ/BAN/99(DD)/746, dated 4-3-1999 issued to the appellant asking him to show cause why adjudication proceeding should not held against him. The following documents were relied upon in the said SCN : 1. Mahazar dated 15-9-1998. 2. Documents seized from the person of Shri S. Mohanlal on 15-9-1998. 3. Statements dated 15-9-1998, 16-9-1998 and 12-2-1999 of Shri S. Mohanlal given before the Enforcement Officer, Bangalore. 4. Statement dated 24-9-1998 of Shri Syed Maqbool Hussain given before the Enforcement Officer, Bangalore. The appellant filed a detailed reply controverting the charges in r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court observed we must know as to who is the person on whose instructions or on whose behalf the amount was received and whether he is resident outside India . As regards the question of burden of proof of various clauses of section 9 another Bench of the said Hon ble High Court in the case of A.S.M. Abdul Wahid v. Deputy Director Enforcement Directorate [1996] 53 ECC 56 (Mad.) after referring decisions of Hon ble Supreme Court in Shanti Prasad Jain v. Director of Enforcement AIR 1962 SC 1764 and the decision of said High Court in the case of A.K.L. Labhai Thambi Maraicer (supra) held that the burden is on the department to prove the ingredients of the offence under section 9 of the Act. In the instant case there is no material evidenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e should be corroboration from independent evidence adduced by the prosecution to corroborate each detail contained in the confessional statement. The court is required to examine whether the confession statement was voluntary; in other words, whether it was not obtained by threat, duress or promise. If the court is satisfied from the evidence that it was voluntary, then it is required to examine whether the statement is true. If the court on examination of the evidence finds that the retracted confession is true, that part of the inculpatory portion could be relied upon to base the conviction. However, prudence and practice require that court would seek assurance getting corroboration from other evidence adduced by the prosecution. 8. Alth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly. On this principle of law, this court in several decisions has ruled that even in passing a detention order on the basis of an inculpatory statement of a detenu who has violated the provisions of the FERA or the retraction and record its opinion before accepting the inculpatory statement lest the order will be vitiated. 9. In the light of the aforesaid the adjudicating authority is to apply its mind to the subsequent retraction to hold that the inculpatory statement was of voluntary nature and not extorted. There is no material available on records which shows due compliance of above tests by the adjudicating authority while placing reliance upon the retracted confessional statement. In view of the above discussion the findings arrived a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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