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 when it was retracted.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
case file the exact date of filing of the above
retraction statement Ex. PX on record is not clear. The
accused was apprehended in this ... Tarsem Singh
35
record available in the court, no retraction statement of
the accused was filed on that day. A perusal of the above
undated
application of mind; and
(iii) the Detaining Authority relied upon the retraction statement of co-
accused without adverting to their confessional statement which vitiates ... next contention, namely, the Detaining Authority relied on the
retraction statement of co-accused without looking into their confession,
it is argued by the learned
gamut of facts.
24. Learned Special Judge has completely discarded the retraction
statement tendered by the Appellant at least 3 times before the Learned
Trial ... statement to the officers of DRI.
However, I had retracted the contents of the said
statement when I was produced before the Court
vide
statement and it was written correctly as I have said". Thus, in the sworn statement, filed on 26.6.2003, the assessee retracted the earlier statement ... said statement made long after the recording of the statement. Thus, when the burden was on the assessee to prove that the statement was obtained
case after examining the matter afresh, particularly with reference to the retracted statement dated 12.8.1994 of the Manager and after providing an opportunity ... notice and also the affidavit of Shri Faiyaz Ahmad dated 12.8.1994, retracting his statement.
9. A written brief was filed by Shri A.K. Jain
that Rajinder Gupta as well as
the brokers have retracted from their statements given on the date of the search and in
these circumstances there ... that even in
the case of Rajinder Kumar Gupta, though the statement was retracted within 15 to 20
days from the date on which
Tribunal allowed the appeal, coming to the conclusion
that the retracted statement of Manoj Jain could not be relied upon; the
statements relied upon ... well settled, as the Tribunal held, that even a retracted
statement can be relied upon. So long as the Tribunal comes to the conclusion
that
allegation of unfair recording of the
statement is made in the retracted statement on
14.2.2005 the appellant should have brought that to the
knowledge ... compulsion
since that was not the truth coming out from retraction
statement. When the appellant found it convenient that
a retraction can be a piece
considered view that the legal position that emrges is that a
retracted statement, though binds the assessee, once retracted
cannot be sole basis for making ... statements of Sh. Yudhvir and Sh. Sushil Kumar
have been relied upon.
8. Statements of Sanjay Kumar have been relied upon.
10 Statements of Sanjay
