Supreme Court · 2008 INSC 1473 · Decided 18 December 2008
Vinod Solanki v. Union of India & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1473 · [2008] 17 S.C.R. 1070
- Case number
- CIVIL APPEAL No. 7407/2008
- Decided
- 18 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 24; Constitution Article 21
Headnote
Foreign Exchange Regulation Act: ss.8(3), 9(1) - Violation of - Confession - Retraction of - Imposition of penalty- Tribunal placed burden to prove that c;onfession was obtained from him by threat, coercion or force upon proceedee - Affirmed by High Court - Held: Initial burden to prove that and not obtained as an outcome of threat is on the department - Special or peculiar knowledge of person proceeded against would not relieve prosecution or department altogether of burden of producing evidence in support· of its case - With a view to arrive at a finding as regards the
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