1996 (12) TMI 163

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....hri R. Victor Thyagaraj, SDR, for the Respondent. [Order per : T.P. Nambiar, Mamber (J)]. -  For the reasons stated in the application the appeal is restored to file. 2. Only appeal No. C/587/91 is listed for hearing. Appeal No. C/585/91 is also taken up for disposal with the consent of both the sides in view of the fact that both these appeals arise out of a common order. 3.....

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....lector of Customs. As far as the other appellant is concerned he stated that the statement given by him is also extracted under threat and the same also cannot be relied upon. He therefore stated that the impugned order may be set aside.  5. The learned SDR Shri Victor Thyagaraj drew my attention to Para 43 of the order and reiterated the reasonings therein. He relied on the decision ....

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....e sent it to various authorities in India in this regard and therefore the statement cannot be relied upon. He also relied on the decisions of the Tribunal. The learned SDR relied on the above cited decisions as well as the reasonings. It is now seen that the decision of the Tribunal reported in 1992 (60) E.L.T. 277 was rendered in the context that the statement was not voluntary. Therefore the fi....

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....istrate could have been ascertained by the Medical Officer. Admittedly there are no physical injuries on his person. But he did not consent for the same. Therefore this plea cannot be accepted. There are no other circumstances to show that the statement was not voluntary. Once if that statement is held as voluntary, then as held by the Tribunal in its decision reported in 1988 (35) E.L.T. 519, the....