2005 (9) TMI 705

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....payments of Rs. 13,40,000 to various persons in India under instructions of one Shri Hameed of Dubai a person resident outside India without the general or special exemption of RBI. 2. A SCN No. T-4/2/BZ/BAN/99(DD)/746, dated 4-3-1999 issued to the appellant asking him to show cause why adjudication proceeding should not held against him. The following documents were relied upon in the said SCN : 1. Mahazar dated 15-9-1998. 2. Documents seized from the person of Shri S. Mohanlal on 15-9-1998. 3. Statements dated 15-9-1998, 16-9-1998 and 12-2-1999 of Shri S. Mohanlal given before the Enforcement Officer, Bangalore. 4. Statement dated 24-9-1998 of Shri Syed Maqbool Hussain given before the Enforcement Of....

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....bhai Thambi Maraicer v. Union of India CFC (Mad.) 171 at page 173 the Division Bench of Hon'ble Madras High Court observed "we must know as to who is the person on whose instructions or on whose behalf the amount was received and whether he is resident outside India". As regards the question of burden of proof of various clauses of section 9 another Bench of the said Hon'ble High Court in the case of A.S.M. Abdul Wahid v. Deputy Director Enforcement Directorate [1996] 53 ECC 56 (Mad.) after referring decisions of Hon'ble Supreme Court in Shanti Prasad Jain v. Director of Enforcement AIR 1962 SC 1764 and the decision of said High Court in the case of A.K.L. Labhai Thambi Maraicer (supra) held that the burden is on the department to prove the....

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....ther there were any other facts and circumstances to corroborate the retracted confession. It is not necessary that there should be corroboration from independent evidence adduced by the prosecution to corroborate each detail contained in the confessional statement. The court is required to examine whether the confession statement was voluntary; in other words, whether it was not obtained by threat, duress or promise. If the court is satisfied from the evidence that it was voluntary, then it is required to examine whether the statement is true. If the court on examination of the evidence finds that the retracted confession is true, that part of the inculpatory portion could be relied upon to base the conviction. However, prudence and practi....