9911796707
TMI Blog2015 (1) TMI 1026X X X X Extracts X X X X X X X X Extracts X X X X ..... e was disclosed by Dinesh Kumar Goel as the recipient was the appellant. Dinesh Kumar Goel had stated in his statement recorded before the officers of the Enforcement Directorate (ED) on 16.11.1994 under Section 40 of the FERA that in the morning of 16.11.1994, he had received instructions from Ummu of Dubai to distribute the payments to 17 persons, including the appellant - of Rs. 5 Lakhs. He had also stated that on the day of search, i.e. 16.11.1994, he had made payment, inter alia, of Rs. 5 Lakhs to the appellant. Follow up action was taken at the residential premises of the appellant on the following day, i.e. 17.11.1994 and his statement was recorded, in which he stated that on 16.11.1994, he had received a payment of Rs. 5 Lakhs from some unknown persons under instructions of Ubaidullah of Dubai - his brother. He also admitted having received earlier payments of Rs. 3 Lakhs and 5 Lakhs in a similar manner, and stated that he had distributed the payments under instructions of Ubaidullah of Dubai. 3. On the aforesaid basis, a show-cause notice dated 15.05.1995 was issued, inter alia, to the appellant for receiving, and thereafter distributing, the amount of Rs. 13 Lakhs on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ai. He also stated that the documents seized him mostly relate to payments made by him under instructions of Ubaidullah of Duabi. He disclosed 21 names to whom he had distributed the payments amount-wise on commission basis. He also stated, that the list at page 30 had been sent to him by Ubaidullah of Dubai by fax and was received by him through fax machine of Bhargawa Community Centre, New Friends Colony, New Delhi. This list was sent to him on 14.11.94 and he has so far made one payment of Rs. 20,000/- from this list and rest payments are awaited. He also stated that on this list and rest payments are awaited. He also stated that on this list amount has been mentioned in Arabic language and indicated the amount of Rs. 3.05 lakhs meant to be delivered to 9 persons. 19.1 However, at the time of personal hearing on 15.12.04 Shri Siddiqui had stated that Ubaidullah was sending the money to him for household expenses. The noticee contention that he had given his statement dated 17.11.94 as per dictation of the officers is wrong because there are certain thing in the statement which are only known to Sh. H.R. Siddique. for example Telephone Nos, Postal Address, etc. was only known to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... through fax message. However, no further inquiry was made from any of those persons, whose details were allegedly voluntarily submitted by the appellant, whether they had, or were expecting to receive any money from the appellant. 9. He further submits that though the respondent claimed to have recovered certain loose sheets apart from other documents upon search of the appellant's household on 17.11.1994, it was not disclosed as to what was contained in those loose sheets. 10. In these circumstances, he submits that the confessional statement could not have been relied upon to penalize the appellant. Learned counsel submits that the benefit of doubt should have been given to the appellant, who is a poor person and the penalty of Rs. 1.5 Lakhs was harsh. 11. On the other hand, the submission of learned counsel for the respondent is that the retraction of the confessional statement containing admission by the appellant was made after more than ten years. The original statement had been recorded on 17.11.1994, whereas the retraction came only on 15.12.2004. 12. He further submits that in the written submission of the appellant placed before the adjudicating authority, no retracti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds, whether it was not obtained by threat, duress or promise. If court is satisfied from the evidence that it was voluntary, then it is required to examine whether the statement is true. If the court on examination of the evidence finds that the retracted confession is true, that part of the inculpatory portion could be relied upon to base the conviction. However, prudence and practice require that court would seek assurance getting corroboration from other evidence adduced by the prosecution." 15. Similarly, in K.T.M.S. Mohd. (supra), the Supreme Court observed: "We think it is not necessary to recapitulate and recite all the decisions on this legal aspect. But suffice to say that the core of all the decisions of this Court is to the effect that the voluntary nature of any statement made either before the Custom Authorities or the officers of Enforcement under the relevant provisions of the respective Acts is a sine quo non to act on it for any purpose and if the statement appears to have been obtained by any inducement, threat, coercion or by any improper means that statement must be rejected brevi manu. At the same time, it is to be noted that merely because a statement is ret ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
