TMI Blog1996 (9) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... 1995) under which a penalty of ₹ 11,250 has been imposed on the appellant for contravention of section 9(1)(b) of the Foreign Exchange Regulation Act, 1973 on the allegation that he received an amount of ₹ 45,000 from Mohd. Farooque, a person resident outside India in violation of the said section. 2. The appellant has sent a petition dated 21-7-1996 stating his inability to appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant. This order disposes of the appeal on merits. 4. The appellant has assailed the Adjudication Order on several grounds. Two main grounds of challenge are that the findings are based solely on the appellant's confessional statement which, according to the appellant, was extracted from him by coercion and threat and was as per dictation of one officer of the Enforcement Directorate. He ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has referred to several decisions of the FERA Board and the Court in support of his submission. 5. Shri Gadoo submitted that the appellant has built-up a false defence by bringing in Mohd. Aslam who was his own man and, therefore, Mohd. Aslam's affidavit cannot be relied upon. He also submitted that the appellant had recorded his statement before the Asstt. Director who alone was competent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant that the statement was not voluntary and true is rejected, it cannot be denied that the finding of contravention is based solely on the appellant's statement recorded under section 40. It cannot be denied that there is no other evidence on record in support of the allegation that the appellant had actually received a sum of ₹ 45,000 or for that matter any other amounts, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to any material on which the said information was based so as to arrive at the finding whether the information was reliable and adequate to initiate investigation. In the course of investigation also, the Department has not gathered any material from the Delhi Zonal office or from the source of the said information to arrive at the truth of the matter. The only action taken by the investigating ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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