TMI Blog1997 (9) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... tements in this court to satisfy ourselves whether there was any element of "compulsion" visible from those statements, copies of those statements have been withheld for reasons best known to the appellant. As a matter of fact, copies of those statements ought to have been filed with the special leave petition itself. It is, therefore, not possible for us to assume that any "compulsion" was exerci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns were issued by the respondent to the appellant under section 40 of the Foreign Exchange Regulation Act, 1973 (hereinafter called "the FERA"), to appear before him on the fixed date. After putting in certain conditions for his appearance, the appellant appeared before the respondent on May 15, 1996, when his statement was recorded. His statements were also recorded on July 9, 1996, and July 12, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not dispute and rightly so that a person to whom summons are issued under section 40 of the FERA may be called upon to give his statement in writing and sign it and such a course is not prohibited either by the statute or the Constitution. In our opinion, there is no presumption that such a statement is always "involuntary". In Amba Lal v. Union of India, AIR 1961 SC 264, a Constitution Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le copies of those statements in this court to satisfy ourselves whether there was any element of "compulsion" visible from those statements, copies of those statements have been withheld for reasons best known to the appellant. As a matter of fact, copies of those statements ought to have been filed with the special leave petition itself. It is, therefore, not possible for us to assume that any " ..... X X X X Extracts X X X X X X X X Extracts X X X X
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