VINOD SOLANKI versus UNION OF INDIA & ANR.

VINOD SOLANKI versus UNION OF INDIA & ANR.

Initial burden to prove that a confession is voluntary rests with the department; retracted confessions cannot be sole basis for penalty unless corroborated independently; Tribunal and High Court erred in placing burden on appellant without proof by department; authorities failed to address circumstances of retraction and involuntariness; finding against appellant unsupported in law and facts.

Parties
Appellant: Vinod Solanki; Respondents: Union of India & Anr.
Jurisdiction
India
Judgment Date
18 December 2008
Procedural Posture
Civil Appeal / Final Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Retraction of Confession, Burden of Proof, Penalty Under FERA, Quasi Criminal Proceedings
Foreign Exchange Regulation Criminal Law Evidence Retraction of Confession Burden of Proof Penalty Under FERA Quasi Criminal Proceedings

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Parties

Vinod Solanki

Appellant

Union of India & Anr.

Respondents

Procedural Posture

Civil Appeal / Final Appeal From High Court Judgment

Legal Issues

  1. 1 Effect of retracted confession for levy of penalty under Foreign Exchange Regulation Act, 1973
  2. 2 Whether initial burden to prove confession was voluntary lies on department
  3. 3 Requirement of independent corroboration for retracted confession

Ratio Decidendi

Initial burden to prove that a confession is voluntary rests with the department; retracted confessions cannot be sole basis for penalty unless corroborated independently; Tribunal and High Court erred in placing burden on appellant without proof by department; authorities failed to address circumstances of retraction and involuntariness; finding against appellant unsupported in law and facts.

Court Disposition

Appeal allowed

Orders

  • Order of Tribunal and High Court judgment set aside
  • Consolidated penalty of Rs.10 lakhs quashed