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    <title>2015 (11) TMI 77 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=267268</link>
    <description>A retracted inculpatory statement, especially one alleged to have been made under coercion, could not by itself sustain liability in a quasi-criminal proceeding under FERA. The court noted that the alleged corroborative material was not properly proved, the relevant third parties were not examined, and no independent evidence supported the admission. In the absence of trustworthy corroboration, the retracted confession was not reliable proof of contravention, and the consequential confiscation and penalty were unsustainable. The adjudication and appellate orders were therefore set aside and the appellant was exonerated with refund consequences.</description>
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    <pubDate>Wed, 07 Oct 2015 00:00:00 +0530</pubDate>
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      <title>2015 (11) TMI 77 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=267268</link>
      <description>A retracted inculpatory statement, especially one alleged to have been made under coercion, could not by itself sustain liability in a quasi-criminal proceeding under FERA. The court noted that the alleged corroborative material was not properly proved, the relevant third parties were not examined, and no independent evidence supported the admission. In the absence of trustworthy corroboration, the retracted confession was not reliable proof of contravention, and the consequential confiscation and penalty were unsustainable. The adjudication and appellate orders were therefore set aside and the appellant was exonerated with refund consequences.</description>
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      <pubDate>Wed, 07 Oct 2015 00:00:00 +0530</pubDate>
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