9911796707
TMI Blog2005 (11) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... rrency of US $31,100 and U.K. Pound 250 which was recovered by the Customs Department at airport from appellant's conduit Raj Kumar Bansal when the latter was proceeding to Singapore for carrying and transferring such foreign currency in the foreign land and further failed to appear before Enforcement Officer at the requisite time and place despite receipt of summons by him. The appellant has pre-deposited the amount of penalty on the directions of Criminal Court. Presently this appeal is taken up for final disposal on merits. Learned counsel for the appellant has filed written submissions which are taken on record. 2. A SCN No. T-4/99/DZ/90/DD/SCN-I, dated 18-5-1990 was issued to the appellant asking him to show-cause why adjudication pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was also stated to have been recovered from the search conducted at the residence of the appellant. It is argued that confession of the appellant cannot be made a basis for conviction under the provisions of section 8(1) of FER Act, 1973 without any further corroboration in material particulars and this is more so, when the confession was immediately retracted when the appellant was in jail. 4. It is argued that any confession recorded under the conditions outlined in provisions of section 24 of Indian Evidence Act, 1872 is not admissible and cannot be taken into evidence. The legal proposition though correct but the burden of proof lies on the appellant to demonstrate that threat, coercion or torture was practised upon the appellant at th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use a statement is retracted, it cannot be recorded as involuntary or unlawfully obtained. It is only for the maker of the statement who alleges inducement, threat, promise etc. to establish that such improper means has been adopted. However, even if the maker of the statement fails to establish his allegations of inducement, threat etc. against the officer who recorded the statement, the authority while acting on the inculpatory statement of the maker is not completely relieved of his obligations in at least subjectively applying its mind to the subsequent retraction to hold that the inculpatory statement was not extorted. It thus boils down that the authority or any court intending to act upon the inculpatory statement as voluntary one sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent which is squarely in the exclusive sphere of appellant. Further, it is no ground not to abide by the summons. This shows admittance by the appellant of non-compliance with the compulsion of appearance outlined in the summons requiring him to appear on the identified occasion. The provision of section 40(b) creates an obligation against the person summoned and he is bound to attend in accordance with the directions given by the official of Enforce- ment Directorate. Thus violation of the provisions of section 40(b) is not controverted which has been visited with a penalty of Rs. 2,500. 7. For the reasons stated herein above, this appeal contains no merit and is liable to be dismissed. Howsoever, it requires to be recorded that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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