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2015 (7) TMI 1080 - MADRAS HIGH COURT

2015 (7) TMI 1080 - MADRAS HIGH COURT - 2016 (334) E.L.T. 525 (Mad.) - Locus standi of the Director of Enforcement to maintain the present appeal before this CourT - Unauthorised acquisition of foreign exchange - Tribunal after examining the records, found that the charge against the respondent herein was not proved by the prosecution and agreed with the findings of the Adjudicating Authority and accordingly dismissed the Revision - Held that:- In the case in hand, admittedly no notification for .....

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to enforce the provisions of the Act and delegating him with specific functions under the Act, the appellant herein i.e., Director of Enforcement cannot be treated as aggrieved party and has no locus standi to file this appeal and the Civil Miscellaneous Appeal is hence liable to be dismissed on the ground of maintainability and the substantial question of law is accordingly answered against the appellant. - C.M.A.No.1731 of 2003 And CMP.11012 of 2003 - Dated:- 23-7-2015 - MR. R.SUDHAKAR AND MS .....

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te, Chennai for his being found in possession of foreign exchange valued at ₹ 69,064/- without the previous, general or special permission of the Reserve Bank of India in contravention of the provisions of Section 8(1) of the Foreign Exchange Regulation Act 1973. The case was adjudicated upon by the Assistant Director in the office of the Deputy Director of Enforcement vide order dated 12.5.2000, thereby acquitting the respondent herein of the above charges and ordering release of the seiz .....

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pellate Tribunal for Foreign Exchange, New Delhi. The Tribunal after examining the records, found that the charge against the respondent herein was not proved by the prosecution and agreed with the findings of the Adjudicating Authority and accordingly dismissed the Revision. Hence, this Civil Miscellaneous Appeal before this court by the Director of Enforcement. 4.The substantial question of law that arises for consideration in this appeal is as follows: "Whether the Hon'ble Appellate .....

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Enforcement to maintain the present appeal before this Court. It is contended herein that as the Director of Enforcement is not the aggrieved party, the officer is not authorised to file the present appeal. It is contended so by relying on the decision of the Hon'ble Supreme Court reported in (2007) 3 SCC (Cri) 531 (Mohtesham Mohd. Ismail v. Spl. Director, Enforcement Directorate and another). The Apex Court has in the aforesaid decision, from para 13 onwards dealt with the powers of the Cen .....

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e Regulation Act, 1973, treats only the Central Government as an aggrieved party for the purpose of filing an appeal to the High court in respect of orders passed by the Foreign Exchange Regulation Appellate Board under that section and only the Central Government can file and prosecute an appeal against the order of the Appellate Board and not any other authority and therefore, the Director of Enforcement cannot be said to be aggrieved by the order of the Appellate Board merely because its orde .....

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