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2015 (8) TMI 1381

Head Note:
Contravention of Sections 18(2) and 18(3) of FERA, 1973 r/w notifications of Central Government dated 1-1-1974 - Held that:- Adjudicating Authority was at liberty to appreciate the evidence on record in accordance with law according to its wisdom independently. However, as a principle of law it cannot be said that judgments in all criminal appeals will ipso facto result in quashing the adjudication proceedings under FERA alike disciplinary proceedings in matter in which the accused (employee) is honourably acquitted. There cannot be any jacket cast formula in this respect. However, we are of the view that findings of the Hon’ble High Court even in a criminal matter on the same set of facts as involved in adjudication proceedings cannot be ignored or overlooked and brushed aside causally and will carry weight and in the eventuality of the Hon’ble High Court recording either clean acquittal in appeal or quashing of the complaint/proceedings on the ground of insufficiency of evidence or failure to establish the contraventions, the findings of the Hon’ble High Court shall prevail over the findings of Adjudicating Authority unless a distinction on some factual and legal grounds can be made to show that the findings of the Hon’ble High Court are not applicable and have no effect at all, in other words our interpretation is that the order of the Hon’ble High Court will have definite persuasive and binding effect in the matter of interpreting the findings of adjudicating proceedings based exactly on the same set of facts subject to being clearly not being distinguished on facts or law.

In view of the above, we are of the view that no contravention of Sections 18(2) and 18(3) of FERA, 1973 r/w notifications of Central Government dated 1-1-1974 is made out against the appellants and since the appellants appear to have taken all reasonable steps to receive or recover the payments for goods and they cannot be presumed to have contravened the said provisions r/w Central Government notifications.

 


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