9911796707
TMI Blog1994 (6) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... or (Appeals), Bombay. The grounds of review having already been mentioned in show cause notice of even number dated 21-3-1994, the same are not being reproduced. 2. Shri A.P. Singh, Advocate, appeared for a personal hearing on 6-6-1994. While reiterating the submissions made in reply dated 17-5-1994 to Show Cause Notice he averred that the respondent had all along maintained that he had no conce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause to review his finding. It is observed that testimony of Shri Dudani is of crucial importance and therefore needs closer scrutiny. Thus he not only identified the respondent from his photograph [even though he knew him by a different name (alias)] but correctly gave respondent's telephone number, business activity, residential address etc. To that extent and as particulars disclosed by Dudan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... self, that may suggest that the maker of the confession is speaking the truth. Normally if a statement made by an accused person is found to be voluntary and it amounts to a confession in the sense that it implicates the maker, it is not likely that the maker would implicate himself untruly .... that such a confession may be taken into consideration even against a co-accused, who is being tried al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ni. However, even if it is to be assumed that Shri Dudani was an acquaintance, there are no valid reasons as to why Shri Dudani, who (being an acquaintance) implicated the respondent when he himself had already admitted that he (Shri Dudani) had given the currency to Shri Solanki. Hence, Government is inclined to accept Shri Dudani's statement as true. 4. In taking this view support is drawn fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he existence of the fact in issue. Thus legal proof is not necessarily perfect proof; and often it is nothing more than a prudent man's estimate as to the probabilities of the case." 5. The tests laid by the Hon'ble Courts, as discussed above and their application to the facts of the case clearly indicate involvement of respondent in the attempted smuggling of foreign exchange in this case. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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