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Seized records recovered under an undisputed panchnama, corroborated by transaction-linked witness statements, can establish prohibited foreign-exchange dealings despite a retracted statement. Forensic examination, panch-witness examination, or recovery of foreign currency is unnecessary where the records' genuineness, ownership and recovery are undisputed and other material proves dealings in foreign currency and gold. A delayed witness retraction may be treated as an afterthought, and later record misplacement does not erase material previously considered. Contravention under FERA was sustained, but the penalty was reduced because the amount was unquantified and the original penalty was excessive in light of health circumstances.
Seized records recovered under an undisputed panchnama, corroborated by transaction-linked witness statements, can establish prohibited foreign-exchange dealings despite a retracted statement. Forensic examination, panch-witness examination, or recovery of foreign currency is unnecessary where the records' genuineness, ownership and recovery are undisputed and other material proves dealings in foreign currency and gold. A delayed witness retraction may be treated as an afterthought, and later record misplacement does not erase material previously considered. Contravention under FERA was sustained, but the penalty was reduced because the amount was unquantified and the original penalty was excessive in light of health circumstances.
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