9911796707
TMI Blog2003 (3) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... on 64(2) for making attempt to the above amount to disburse various persons in India under instructions from abroad. 2. The brief facts of the case are as under : On 20-7-1987, the Anti-Dacoity Squad of Western Range Police, Karnataka, while checking vehicles at Padubidri, apprehended a lorry bearing No. CSU 505 with the passengers by name S/Shri R.M. Khaleel and Fazulur Rahiman of Bhatkal, and on a search recovered Indian Currency of Rs. 6,12,855 along with other documents. A case was registered in the Shirva Police Station under Crime No. 67/87 and further investigation was carried out. Shri R.M. Khaleel gave a statement dated 21-7-1987 before the police authorities in which he has inter alia deposed that after completion of his SSLC he w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that on seeing the police he and Fazulur Rahiman took to their heels but were chased and caught by the police who later seized the money and documents from them, and that seized chits containing names and addresses of the parties were given to him by Nizamuddin requesting him to pay amounts as detailed in those chits to the respective parties. 3. Khaleel and Fazulur Rahiman were later arrested by the police and produced before the court and were released on bail. Since investigation conducted by the police revealed that the case pertained to violation of FERA, they transferred the case records to the Enforcement Directorate, Bangalore for further investigation. Attempts made by the Enforcement Directorate, Bangalore to contact and interroga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lation could not have been made the basis of the guilt. He further contended that though strict rules of evidence are not applicable to FERA violations it does not mean that all aspects could be presumed in which case it would be merely a hypothesis and conjecture not permissible in law. There was no evidence that the appellant was making payment on behalf of persons resident outside India. The learned counsel has relied upon Shanti Prasad Jain v. Director of Enforcement AIR 1962 SC 1764 wherein it was observed as follows : It is observed that the proceeding under the Act are quasi-criminal in nature and it is the duty of the respondent as prosecutor to make out beyond all reasonable doubt that there has been a violation of law. Supreme Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tarily and is backed by corroborative evidence. 9. In my opinion the learned Adjudicating Officer has not properly construed the ratio of the Kerala High Court decision. In this decision it was only held that police can transfer the case for investigation to enforcement and the documents seized by the police are material evi- dence. This does not mean that evidence will be admissible without examining the police officer who recorded the statement. In a decision reported in 1983 Criminal Law Journal 952, documents were seized by Custom Authorities and forwarded to Enforcement Directorate, it was held that documents could not be tendered in evidence against the accused. 10. In the result, this appeal must succeed on the ground that there is n ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
