shown us the certified copy. The further fact that the above retraction statement was forwarded by the Superintendent, Central Jail, Tihar, New Delhi on 30th ... authority to take the plea that it was unaware of the retraction statement which was on the record of the court case
there is no logical reason given by Mr. Ankur Agarwal for retracting the
statement recorded during the course ... search and such retraction was without
adducing or leading evidence in support of retraction from admission and without
establishing that the statement was obtained under
retraction letter filed by the appellant. No verification or
enquiry was made to ascertain the veracity of the retraction statement In feet fee crux ... statement u/s 133A had admitted to pay tax on income of Rs. 2,50,00,000/-,
However this statement has subsequently been retracted
hand the reply in the instant case which contained a retraction of his earlier statements recorded under S. 108 was most relevant and would have ... detenu (and which representation had referred to the retraction of a statement by the detenu) was not placed before the confirming authority. In view
statements of those in charge of TTPL that they
were also in control of BL. TTPL argued that the above statements had
been retracted ... that statement must be rejected brevi
manu. At the same time, it is to be noted that merely
because a statement is retracted, it cannot
October, 2010, he had filed objection for arrest and retracted statement
u/s 67 of the NDPS Act, 1985 but no action was taken ... when it was retracted.
19. In the additional affidavit of petitioner dated 12.10.2011, it is
stated that petitioner had retracted his statement made under section
neither the statement of Shri. Jindal
nor the statement of Shri. Aseem Guota is incriminating qua the assessee. as in
whole statement, nothing incriminating ... Further in respect of
statement of Shri. Jindal is concerned, in fact in the whole statement, no statement
has been made in respect
cast doubt on the genuineness of the retraction itself and
therefore, according to him, these retraction statements deserve to be ignored. He
thus contended that ... conscious disclosure in a statement if such statement is recorded at such odd hours . Moreover, this
statement was retracted after two months.
23. The main
there was nothing specific in the
retractions, there was no need to consider the retractions and clearly, the
retractions were the afterthought having no bearing ... This statement was retracted by him as he had written the same under coercion
and threat. It was submitted that retraction statements
original statements. Moreover the statement of Shri Rajender Kumar, authorized signatory dated 8.10.2001 was till valid as that statement has not been retracted ... satisfactory evidence to demolish the voluntary statement confessing the evasion.
23. Voluntary confessional statement which is retracted after two years without any basis