TMI Blog2011 (2) TMI 1529X X X X Extracts X X X X X X X X Extracts X X X X ..... on, Appellate Tribunal for Foreign Exchange: 2. This appeal is preferred against Adjudication Order No. ADJ/61/B/SDE/KNR/2007/FERA/4619 dated 30-10-2007 in case No. T4/82/B/SDE/PKA/98 passed by Special Director, Enforcement Directorate, Mumbai where by the Director of Enforcement has imposed a penalty of a sum of ₹ 3,00,000/- on the appellant for contravention of provisions of Section 8(1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause notice was issued to the present appellant on 18-9-1999 alleging that the present appellant has purchased foreign exchange equivalent to ₹ 15,00,000/- from Mohamed Omar Mistry. The appellant in his reply to the said show cause notice denied the allegations of purchasing the foreign exchange from Mohamed Omar Mistry. The Adjudicating Authority after appreciating material on record come t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rverse. 6. Ms. Sonali Bhade, ALA on the other hand supported the Impugned Judgment and contended that the statement of the present appellant is corroborated by Mohamed Omar Mistry and other evidence on record and therefore the Impugned Order deserves to be maintained. 7. After hearing the arguments of both the parties and the statement of the present appellant and the statement of Mohamed Om ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce .in the name shows that there is no identification of the appellant. No identification parade was conducted to establish the identity of the appellant. 9. More over the Supreme Court in case of Haricharan Gurmeet v. State of Bihar AIR 1964 SC 1184 has considered the effect of confessional statement made by co-accused and held that under Section 30 of Evidence Act, the confession of co-accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... racted. 10. In such circumstances I find in the absence of any corroboration of the statements of Mohamed Omar Mistry and the present appellant the present appellant cannot be held liable for violation particularly there is no details of foreign exchange on record which is alleged purchased by the present appellant from Mohamed Omar Mistry. Apart from there is no connection of the present appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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