9911796707
TMI Blog2002 (12) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... ents to the appellant under instructions from abroad, his residential and office premises were searched under section 37 of FERA on 4-7-1997. This resulted in seizure of documents and Rs. 1,61,000 from the office premises. Summons under section 40 of the Act were issued to Shri Venkatesha and his statements recorded on 4-7-1997 and 7-7-1997 and 28-7-1997. The appellant in his statement stated, inter alia, that he is an Indian citizen, and that he is the proprietor of M/s. Market India; that they are engaged in the business of interior designing and real estate development; that he wanted to convert his agricultural land measuring 4 acres into farm houses for selling; that during 1996 he had advertised about this in the newspapers; and in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts at his site and the balance amount of Rs. 1,61,000 was seized; that similarly, during December, 1996 he informed Dr. Padmanabha about the enhanced cost of the building material etc. and requested for Rs. 2 lakhs from him for the same; that this message was passed on to him over his telephone; that Dr. Padmanabha told him that he would make arrangements in Abudhabi to send Rs. 2 lakhs to him locally; that few days after, during December 1996, one person not known to him called on him at his office and after ascertaining his name handed over Rs. 2 lakhs in cash to him and informed him that the amount was being delivered as per the instructions of Dr. Padmanabha from Abudhabi; that sheet No. 19/20 of the seized file marked B speaks about t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in para 6 : I have gone through the records of the case carefully. Shri H.N. Venkatesha in his statements given on 4-7-1997, 7-7-1997 and 28-7-1997 has very clearly stated that he received 2 amounts totalling to Rs. 4 lakhs during 1996 and 1997 from persons in India under instructions from abroad. He has also very clearly stated that the seized amount Rs. 1,61,000 is part of the above said Rs. 4 lakhs. The contention of Shri Venkatesha is ably supported by the documents seized from his own premises. On perusal of the statements given by Shri Venkatesha, it is seen that it contains various other details of Shri Venkatesha which can only be furnished by him and nobody else. In the light of the above, his denial without any supporting evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd he had also retracted from his Statement. 6. Shri Mahendra Singh, the learned counsel has forcefully argued that so far the statement of the appellant is concerned, his first statement was retracted on 7-7-1997 which by a letter dated 6-7-1997 delivered to the Enforcement Directorate prior to the appellant appearing before the officers of the ED on 7-7-1997. However, the ED again forced the appellant to state on 7-7-1997 that his earlier statement dated 4-7-1997 was true and the letter dated 6-7-1997 retracting his statement dated 4-7-1997 was not signed by him and that somebody else might have sent that letter without his knowledge. The appellant again retracted the statement dated 7-7-1997 by swearing an affidavit. He appeared again on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tention is sound and has to be accepted. There is no apparent reason why the statement of the appellant was recorded again and again and the same was retracted immediately. 10. The statement of the appellant that he received Rs. 2 lakhs by order or on behalf of Dr. Rama Rao and Rs. 2 lakhs by order or on behalf of Dr. Padmanabha, cannot be true. In this connection it has been submitted that the statement dated 4-7-1997 of the appellant that he had advertised for sale of farm houses and found inter alia that the 3 buyers were employed abroad, one of whom was Dr. Rama Rao and the other was Dr. Padmanabha. As such they did not know the appellant. They had made all payments by bank drafts and could not have made extra payment of Rs. 2 lakhs dem ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
