MOHTESHAM MOHD ISMAIL Vs. SPL DIRECTOR ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) A short but an interesting question as to whether a Special Director appointed under the Foreign Exchange Regulation Act, 1973 (for short, the Act) himself can prefer an appeal before the High Court against an order passed by the Foreign Exchange Regulation Appellate Board (for short, the Board) arises for consideration herein.

(2.) Before embarking upon the said question, we may briefly state the fact of the matter. Appellant herein was served with a show cause notice by the Enforcement Directorate on 04.07.1991 for alleged contravention of the provisions of Section 9(1)(b, 9(1)(d) and 9(3) of the Act, alleging, inter alia, that during the period June 1989 to July 1990, he caused to remit various payments aggregating to Rs. 2,81,73,700/- to India from United Arab Emirates (UAE) through persons other than authorized dealers. Cause was shown thereto by the appellant. The Special Director, however, adjudicated the matter and by an order dated 06.10.1993 imposed a penalty of Rs. 2,50,000/- on the appellant in terms of Section 9(3) of the Act. Penalty was also imposed on one Shri Champalal Singhvi.

(3.) Aggrieved by and dissatisfied therewith, an appeal was preferred by the appellant before the Board. The Board allowed the said appeal, inter alia, holding :