1996 (9) TMI 651

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....t outside India in violation of the said section. 2. The appellant has sent a petition dated 21-7-1996 stating his inability to appear in person or through authorised representative due to personal illness and paucity of funds. He has made a prayer that the dispensation application and appeal be disposed of after considering the submissions made in the Memorandum of Appeal, dispensation application and the documents enclosed therewith. In this petition, he has also summarised his case and supported the points made therein by Case Law. A copy of this petition has been handed over to Shri Gadoo who appeared for the respondents. 3. Shri Gadoo has nothing to controvert the financial position as brought out in the dispensation application.....

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.... submitted that the appellant has built-up a false defence by bringing in Mohd. Aslam who was his own man and, therefore, Mohd. Aslam's affidavit cannot be relied upon. He also submitted that the appellant had recorded his statement before the Asstt. Director who alone was competent to have the statement recorded under section 40 of the Act and the name of Shri Saksena had been deliberately brought in by the appellant to build up his false defence. Shri Gadoo submitted that the case was initiated on the basis of information sent by the Delhi Zonal office and not by any anonymous informer. Therefore, Shri Gadoo submitted that the information must have been based on reliable material. Shri Gadoo also submitted that the circumstantial evid....