TMI Blog2020 (1) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... has confessed that he had met one Gurmit Singh and he acted as a carrier for smuggling the foreign currency and he also agreed to accompany the accused no.1 who was to act as a carrier to ensure the safe delivery of the foreign currency at Dubai. Perusal of confession statement of accused no.2 would disclose that there is no warning in the form of intimation contained therein that the statement is likely to be used against him, the intention being the possibility of coercion or inducement while recording the said statement is to be ruled out. The Court is duty bound to examine whether the statement referred to as a confessional statement meets the test of truthfulness and being voluntary in nature. In absence of any independent mater ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n currencies. He stated that he was accompanied by accused no.2 and he also admitted that he had concealed foreign currency in his hand bag. On search, the currencies were found to be concealed in 200 hollow metallic buttons which were stuck on 20 dresses. The accused no.1 volunteered to eject the foreign currency concealed in his rectum and swallowed by him in form of capsules. He ejected two bundles and 13 capsules which contained 65,000 Saudi Riyals, 31,000 UAE Dirhams and 4,500 Qatari Riyals. From his hand bag, 40,000 US$ were recovered. In his second attempt, he ejected 11 capsules from which 17500 UAE dirhams, 12,000 Saudi Riyals and 3,000 Qatari Riyals were recovered. The total recovery was equivalent to ₹ 25,42,750/- Indian cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 read with notification dated 1st January 1994 issued by the RBI. The prohibition was imposed under Section 67 of the Foreign Exchange Regulations Act and it was deemed to be a prohibition under Section 11 of the Customs Act 1962. The complaint alleged that the accused persons knowingly indulged themselves into fraudulent evasion or attempted export of foreign currency in light of the prohibition imposed by Section 13(3) of FERA 1973 as well as under Section 135 of the Customs Act, 1962. The Addl. Chief Metropolitan Magistrate charged both the accused for fraudulent evasion or attempt at evasion of the prohibition of export of foreign currencies equivalent to ₹ 25,42,750/- and thereby committed an offence punishable under Section 135 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, he recorded that accused no.2 was prosecuted on the strength of so-called retracted confessional statement and further recorded that the seized foreign currency was found neither on the person of the said accused nor in his baggage, meaning thereby that no foreign currency is seized from him. The retracted confessional statement disclose that out of the seized currency, the amount of ₹ 12,000/- was invested by him but there is absolutely no evidence on record to show that ₹ 12,000/- were invested by him out of the seized foreign currency. On the ground that there was no any material corroborating the retracted confessional statement, the accused no.2 was not found to be liable for conviction. As far as the conspiracy under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that he had met one Gurmit Singh and he acted as a carrier for smuggling the foreign currency and he also agreed to accompany the accused no.1 who was to act as a carrier to ensure the safe delivery of the foreign currency at Dubai. He also admitted that he had given an amount of ₹ 12 lakhs to Gurmit Singh on 16th March 1996 as his share for procurement of foreign currency being carried by the accused no.1. Apart from this statement, there is no material brought on record by the prosecution to implicate the accused no.2. It is not in dispute that the said statement made by accused no.2 was subsequently retracted. Perusal of confession statement of accused no.2 would disclose that there is no warning in the form of intimation containe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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