LAWS(MAD)-2009-4-113

RICARDO SEAGAL Vs. ADDITIONAL DIRECTORATE ENFORCEMENT DIRECTORATE

Decided On April 29, 2009
RICARDO SEAGAL Appellant
V/S
ADDITIONAL DIRECTORATE, ENFORCEMENT DIRECTORATE Respondents

JUDGEMENT

(1.) HEARD Mr.V.K.Sathiamurthy, Learned Counsel for the Appellant and Mr.Dhandapani, Learned Standing Counsel for the Respondent. The above appeal had been filed by one P.K.Bhanu (since deceased) challenging the order passed by the Appellate Tribunal for Foreign Exchange, New Delhi in appeal No. 321 of 1982 dated 4.9.2001, confirming the order dated 12.11.1982 passed by the Respondent herein, the adjudicating authority.

(2.) THE question of law which has been framed for consideration in the above appeal is as follows. "Whether the appellate Tribunal is right in relying on the confessional statement of the appellant dated 02.03.1981, which was retracted by him, in his letter dated 06.03.1981 sent from the Central Prison, Madras, which is inadmissible in law and cannot be used against him for any purpose in view of the retraction at the earliest point of time?"

(3.) THE Appellant was permitted inspection of the documents relied upon by the Department, by himself, his Lawyer or authorized representative from the office of the Respondent Department. THE attention of the Appellant was invited to the provisio of Rule 3 to the Adjudication Proceedings and Appeal Rule, 1974 as regards the further procedure to be followed.