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2009 (4) TMI 464 - HC - FEMAWhether the Appellate Tribunal is right in relying on the confessional statement of the appellant dated 2-3-1981, which was retracted by him, in his letter dated 6-3-1981 sent from the Central Prison, Madras, which is inadmissible in law and cannot be used against him for any purpose in view of the retraction at the earliest point of time? Held that:- The fact that adjudication proceedings does not mean that evidence and statements obtained by unfair and unlawful means can be accepted. The Court must be satisfied that it is reliable. Therefore, this Court cannot accept retracted statements made by the accused persons and convict them on the basis of such statements on the ground that the rigour of Criminal Procedure Code or the FER Act may not be applied to these proceedings. We have satisfied ourselves that even though the appellant claims that he has retracted the statements, the receipt of which is denied by the respondent there are enough corroborating materials and documentary evidence to confirm the finding against the appellant. Appeal dismissed.
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