Allowed

Union of India and Anr. v. Farooq Ahmed

Bombay HC24 Aug 2007FERA/13/2007

Case brief

AI extract

What is this about?

The High Court Bench allowed the department's appeal against the Tribunal's order which had discharged Farooq Ahmed. The Court held that the retracted statement could still be accepted as true, corroborated by documents, leading to the imposition of a penalty.

What did the court decide?

The Tribunal's order dated 23rd April, 2003 set aside; a penalty of Rs.20,000/- imposed on the respondent to be paid within 15 days.

Union of India and Anr. Vs Farooq Ahmed — Writ and Judicial Review | Bombay HC (2007)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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FERA APPEAL NO.13 OF 2007

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 Union of India & Anr. ..Appellants.

¶5

 V/s.

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 Farooq Ahmed ..Respondent.

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 Mr.R.V.Desai, senior counsel with A.S.Rao & Mrs.S.V.
 Bharucha i/b. T.C. Kaushik for appellant.

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 Mr.Madhu M. Patel for respondent.

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CORAM : F.I.REBELLO AND
J.P.DEVADHAR, JJ.

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DATED : 24TH AUGUST, 2007.

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P.C. :-

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 The department has come in appeal against

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 the order of the learned Tribunal allowing the appeal
 filed by the respondent herein.

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 2. Two appeals were filed one by Rayees Ahmed

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 and another by Farooq Ahmed. In so far as the appeal
 filed by Rayees Ahmed is concerned, the penalty imposed
 was reduced to Rs.20,000/- on the facts and
 circumstances set out therein. By an order dated 27th
 July, 2007 in an appeal preferred by Rayeez Ahmed being
 FERA Appeal No.11 of 2007, we have chosen not to
 interfere in the appeal referred by the revenue as we
 held that no question of law arise.

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 - = : 2 : = -

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 3. In the instant case, on behalf of the
 appellant, it is pointed out that the Tribunal once
 having come to the conclusion that the confessional
 statement made by the respondent could not be treated
 as retracted and can be accepted as true and voluntary
 and further that statement is corroborated by the
 documents produced on record, the appeal ought not to
 have allowed.

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 4. On the other hand, on behalf of the
 respondent, it is pointed out that in criminal
 proceedings was concluded and the learned Tribunal
 acted on that basis. The standard of proof in criminal
 proceedings is different from the civil case. In the
 instant case, the Tribunal has recorded as under:-

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 " Thus, I am of the opinion that having
 regard to entire circumstances and the facts
 confessing statement of both the accused,
 though retracted, could be accepted being
 true and voluntary and further the
 statements are fairly corroborated by the
 documents produced on the record. "

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 5. In other words, learned Tribunal itself has
 held that there was evidence against the appellant

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 - = : 3 : = -

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 herein. We are, therefore, in agreement with the
 contention urged on behalf of the appellant herein that
 this would give rise to a question of law and in the
 light of the evidence, the respondent has to be held
 guilty of the charge and consequently liable for
 imposition of penalty.

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 6. In the light of that, order dated 23rd

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 April, 2003 in so far as the present respondent is
 concerned is set aside. We allow the appeal and impose
 a penalty of Rs.20,000/- on the respondent, to be paid

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 within 15 days from today.

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 6. Appeal disposed of accordingly with no order
 as to costs.

¶27

(F.I.REBELL0, J.)

¶28

(J.P.DEVADHAR, J.)

Union of India and Anr. v. Farooq Ahmed

Case brief

What is this about?

What did the court decide?

Union of India and Anr. v. Farooq Ahmed

Case brief

What is this about?

What did the court decide?

What the court decided

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