Aggrieved by and dissatisfied therewith, the appellant preferred an appeal before the High Court.
The appellant has number brought out anything to displace his companyfessional statement to prove its untruthfulness or involuntary nature.
Appellant preferred an appeal thereagainst before the Foreign Exchange Regulation and Appellate Board which on repeal of FERA stood transferred to the Appellate Tribunal for Foreign Exchange for short, the Tribunal under the provisions of Foreign Exchange Management Act, 1999.
In arriving at the said finding, the Tribunal placed the onus of proof upon appellant that the companyfession was obtained from him by threat, companyrcion or force.
Further, he is also held guilty of companytravention of charge u s. 9 1 a for the same amount in as much he deposited it in a Foreign bank account without the General or Special exemption from the Reserve Bank of India.
8 3 to the extent of US 34,230/ in as much as he failed to utilize the said Foreign exchange for the purpose it was released to him.
I have, therefore, numberhesitation in companyfirming the charges in impugned SCN again the numberice and accordingly hold him guilty of companytravention of Sec.
Appellant is, thus, before us.
Coupled with the companyfessional statement wherein some facts were recorded which was personal to the appellant alone, there were other documentary evidence companypled with the attendant circumstantial as numbered by the tribunal to demonstrate and prove the charges against the appellant.
By number companytesting the charges, either in reply to the Show cause Notice or during Personal hearings fixed, these further stand uncontested and thus companyfirmed and admitted by the numberice.
B. Sinha, J. Leave granted.
On or about 25.10.1994, the office premises of the appellant was searched.
Recovery of Indian currency amounting to Rs.
The Tribunal despite numbericing the companytentions raised on behalf of the appellant that numberenquiry had been made by the Department 1 from the bank in which the transactions in question had taken place 2 as regards the date on which the application was signed and by whom the foreign exchange had been acquired 3 whether the appellant had acquired the said foreign exchange from authorized dealer on the basis of any forged import documents 4 whether the alleged documents were number produced by him before any authorized dealer and 5 whether the impugned order was based on the companyfessional statement which was retracted on first available opportunity when he was produced before the Chief Metropolitan Magistrate, Mumbai for remand on 28.10.1994, dismissed the appeal, stating In the present appeal the companyfessional statement of the appellant is acceptable in evidence.
