1990 (3) TMI 300

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.... The petitioner is a civil contractor residing at Bajpe close to Marigalore city in Karnataka State. It suffices to say that he has a brother, admittedly, working in Dubai at Bank of Pakistan in the United Arab Emirates. On April 12, 1989, the Enforcement Director, Government of India, Southern Zone, Madras, the second respondent herein, and the Deputy Director, Enforcement Directorate, Southern Zone, Madras, conducted a raid and search of the residential premises of the petitioner at Bajpe. They seized a sum of Rs. 1,69,350 found in the steel cupboard in his house as well as three letters written by the petitioner's brother to his father in Konkani language. Thereafter, he was served with a show-cause notice as at annexure J. The show-c....

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....ting him for the commission of any offence under section 9(1)(b) of the Act. No doubt, there is an allegation that the statement was obtained under duress. But in what manner the duress was practised or brought about is not stated. No doubt, under the normal criminal jurisprudence obtaining in this country, a statement made to the investigating officer may not be made use of against the person unless it is a judicial confession made in accordance with law in that behalf in a trial for a criminal offence. But the Act is an exception and a different procedure is prescribed in section 51 of the Act read with the Rules made there under and an appeal is provided to the Board under section 52 of the Act. Section 53 of the Act provides for the ....