TMI Blog2010 (10) TMI 936X X X X Extracts X X X X X X X X Extracts X X X X ..... for having received Rs. 1,30,000/- in August, 1993 from a local person by order of his son-in-law P. K. Hamza of Jeddah, a person resident outside India without the permission of the RBI. The amount of Rs. 15,000/- was recovered from him which was adjusted towards penalty amount. A report is submitted by Shri Naveen Kumar, ALA that the balance amount of Rs. 25,000/- of penalty has been paid by the appellant. This is a very old appeal of the year 1994 where having no option this appeal is taken up for final disposal on the basis of material available on record. 3. I have heard Shri Naveen Kumar, ALA and gone through the records and relevant law carefully. It is a follow up case where investigations were initiated with the search of the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere to mention the provisions of Section 9(1)(b) of the FERA, 1973, for better appreciation of the legal position which provide as under: 9. Restrictions on payments. - (1) Save as may be provided in and in accordance with any general or special exemption from the provisions of this sub-section which may be granted conditionally or unconditionally/by the Reserve Bank, no person in, or resident in, India shall - .. (b) receive, otherwise than through an authorised dealer, any payment by order or on behalf of any person resident outside in India. Explanation - For the purposes of this clause, where any person in, or resident in, India receives any payment by order or on behalf of any person resident outside India throug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that it is voluntary and is proved. The Court would seek assurance getting corroboration from the evidence produced by the prosecution. 6. This is a follow up case where the statement of the appellant is fully corroborated by the statement of M.T. Abdul Rahiman who was found involved in making hawala payments on large scale and the circumstantial evidence of the case. It appears that retraction was given in this case by him under legal advice which was an afterthought. The sequence of events described, the statement of appellant, recovery of incriminating documents coupled with the circumstantial evidence of the case provide a corroboration to the admissional statement which otherwise cannot be termed as having been made under threat and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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