TMI Blog2018 (12) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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. The appeal is accordingly allowed. - FPA-FE-257/CHD/2009 - - - Dated:- 5-12-2018 - Smt. Ananya Ray Member For the Appellant : Dr. Aashutosh, Advocate For the Respondent : Shri Prashant Pandey, Legal Consultant JUDGMENT FPA-FE-257/CHD/2009 1. This is an appeal filed against the adjudication order No. SDE(PKD)I/3/2009 dated 30.06.2009 by one Shri Inder Vijay Singh. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... han Singh. iv. That nothing incriminating has been found or established by the adjudicating authority to implicate him in the said contravention. They relied on the following 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 defendants) the call notices were received undelivered except ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e RBI made payment of ₹ 10,00,000/- to Shri Darshan Singh. However, the entire impugned order does not throw any light as to what these investigations were or how the payment of ₹ 10,00,000/- (Indian currency) to the said Mr. Darshan Singh has contravened the provisions of FERA. No linkages have been established to show the relationship between Inder Vijay Singh and Darshan Singh to Gurcharan Singh of Canada financial or otherwise. For any contravention of FERA underhand foreign exchange dealings have to be established. 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 wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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