2010 (2) TMI 410

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....pondent. [Order] .- The Court: Only the appellant no.1, in the appeal before the Tribunal, that is, Raj Kumar Damani is before me. He has challenged the order-imposing penalty upon him. 2. The impugned order of the appellate tribunal imposing penalty on the petitioner for violation of the Foreign exchange Registration Act, 1973 is dated 19th March, 2007. 3. In my opinion, the offending pa....

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....ctor (HQ), Central Excise Collectorate, Cochin, (1997) 3 SCC 721 that retracted confessional statement may be sufficient ground for the conviction of the offender provided there is sufficient corroboration to prove the charge against the offender: It would thus be seen that there is no prohibition under the Evidence Act to rely upon the retracted confession to prove the prosecution case or to make....

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....t part of the inculpatory portion could be relied upon to base the conviction However, prudence and practice require that court would seek assurance getting corroboration from other evidence adduced by the prosecution." 4. It was on record that the appellant no.1 alleged that the statements, which the Enforcement Directorate used against him were obtained by practicing duress, torture and by....

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....hich it can be gathered that inducement, torture, duress etc. have been practised upon the witnesses by the officials of the Enforcement Directorate. Further with regard to admission of statements that were subsequently withdrawn, the prosecutor had the duty to prove that they were voluntary and that the withdrawal of those statements had no legal effect. 6. More possession of currency notes ma....