(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FERA APPEAL NO.73 OF 2007 Union of India & Anr............Appellants Vs. Bharat Hirji Gada...............Respondent Mr.R.V.Desai, Senior Counsel with Mr. A.S. Rao, Mrs. S.V. Bharucha, Mrs. N.V. Masurkar and Mr. H.P. Chaturvedi for the Appellant. Mr. M.Masand for Respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S.MOHITE,JJ. R.S.MOHITE,JJ. R.S.MOHITE,JJ. DATED: 15TH FEBRUARY,2008 DATED: 15TH FEBRUARY,2008 DATED: 15TH FEBRUARY,2008 P.C.: P.C.: P.C.: . Admit. Heard forthwith. The Adjudicating Officer had found the Appellant guilty for contraventions of the provisions of Section 8(1) and 8(2) of the FERA Act, 1973. In Appeal that order has been set aside and consequently the present Appeal. 2. The Tribunal proceeded on the footing that the only evidence against Bharat Hirji Gada the appellant is his retracted statement. There is no reason given as to why the retracted statement could not have been considered or that the respondent herein has established that the retracted statement was involuntary or under coercion or threat. In the absence of that considering the settled law the (-2-) statement ought to have been accepted. 3. The learned Counsel states that he had placed material to show that the statement was under coercion and/or duress. That aspect of the matter has not been considered by the Tribunal. In FERA Appeal No.43 of 2007 we have discussed the law regarding retracted statement and the burden of proof. In our opinion considering the same the impugned order is set aside the matter is remanded back to the Tribunal for reconsideration according to law. (R.S.MOHITE, J.) (R.S.MOHITE, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)