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2009 (4) TMI 821 - MADRAS HIGH COURTWhether the Tribunal failed to consider the violation of principles of natural justice in not granting an opportunity to the appellant for cross-examination of the witnesses and that the findings and orders are based on inadmissible and flimsy evidence? Whether the Tribunal ignored the subjective satisfaction regarding the voluntary nature of statements, when the statement of the appellant was retracted at the earliest point of time and the appellant reported to the Magistrate about slapping by the Enforcement Officials, as held by the Supreme Court in KTMS Mohamed’s case reported [1992 (4) TMI 6 - SUPREME Court]? Whether the Tribunal failed to consider the absolute confiscation of Indian currency is not sustainable in law on mere presumptions in respect of the order of confiscation and the finding of contravention? Whether the order passed by the Tribunal is invalid/non est in law in view of the violation of Section 52(6) of the FERA 1973 r/w Section 20(2)(b) of the FEMA 1999? Held that:- The questions raised by the appellant are purely questions of facts and not questions of law. We reject the appeal and the Civil Miscellaneous Appeal stands dismissed.
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