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2018 (12) TMI 444

Contravention of FERA underhand foreign exchange - Loose sheets found in the house of the main accused Shri Darshan Singh and the statement of the appellant - Held that:- There is no evidence to that effect on record. In fact, the appellant in his statement before the DRI and which finds a mention in the impugned order has not stated that the alleged Darshan Singh was in any way involved in foreign exchange transactions. The so-called loose sheets recovered from the residence of Shri Darshan Sin .....

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,675/- and made payments totalling ₹ 69,35,675/- to persons resident in India on the instructions of one Shri Gurcharan Singh of Canada, a person resident outside India, and had therefore contravened the provisions of Sections 9(1)(b) and 9(1)(d) of FERA, 1973. That the appellant in the present case Shri Inder Vijay Singh had made payments totalling ₹ 10,00,000/- to Shri Darshan Singh on the instructions of Shri Gurcharan Singh of Canada and had thereby contravened the provision of S .....

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ng judgments: a. Vinod Solanki vs. Union of India Civil Appeal No. 7407 of 2008 dated 18.12.2008. b. AIR 1992 Supreme Court 1831 KTMS Mohd. & Anr. Vs. Union of India dated 28.04.1992. 3. In response, the respondent stated: i. That principles of natural justice has been duly followed as has been recorded at para 21 to 31 of the impugned order. The case was fixed for personal hearing on more than five occasions and it is clearly recorded at para 31 of the impugned order all (for all the defend .....

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2.2013. v. (1973)2 SCC 438 Kanungo & Company vs. Collector of Custom. 4. I have carefully examined the case and gone through the records available and have also heard both the parties. The crux of the entire case against the appellant is the loose sheets found in the house of the main accused Shri Darshan Singh and the statement of the appellant. The adjudication order is based on investigations which revealed that, inter alia Shri Inder Vijay Singh resident in India without any general or s .....

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no statements or any other evidence which has been produced by the adjudicating authority to prove the involvement of the appellant in receipt or making payments of foreign exchange. Holding of Indian currency or dealing with it is not a crime and if there is a violation of any other law like the income tax etc. that would be dealt with by the respective authorities. 6. In this background, I do not find any merits in the impugned order in so far as it relates to the appellant and therefore set a .....

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