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    <title>2009 (7) TMI 783 - HIGH COURT OF BOMBAY</title>
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    <description>A retracted confession recorded under FERA is not unreliable merely because it was later withdrawn; the authority must assess the surrounding circumstances, including the timing and manner of retraction, to decide whether it was voluntary and free from threat, coercion, inducement or duress. Such a statement can support liability if it is found truthful and corroborated by other material. Here, the statement was not withdrawn at the first opportunity and was supported by recovery of foreign currency from connected premises and by the detailed account of the transactions, which negatived coercion and provided sufficient corroboration. The contravention finding was upheld on that basis.</description>
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    <pubDate>Thu, 09 Jul 2009 00:00:00 +0530</pubDate>
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      <title>2009 (7) TMI 783 - HIGH COURT OF BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=113836</link>
      <description>A retracted confession recorded under FERA is not unreliable merely because it was later withdrawn; the authority must assess the surrounding circumstances, including the timing and manner of retraction, to decide whether it was voluntary and free from threat, coercion, inducement or duress. Such a statement can support liability if it is found truthful and corroborated by other material. Here, the statement was not withdrawn at the first opportunity and was supported by recovery of foreign currency from connected premises and by the detailed account of the transactions, which negatived coercion and provided sufficient corroboration. The contravention finding was upheld on that basis.</description>
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      <pubDate>Thu, 09 Jul 2009 00:00:00 +0530</pubDate>
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