UNION OF INDIA Vs. SURESH N SHETTY

JUDGEMENT

(1.) This appeal by the Union of India and the Deputy Director, Enforcement-Directorate, is directed against the order dated 13-1-1984 made in Appeal No. 187 of 1983 on the file of the Foreign Exchange Regulation Appellate Board, Setting-aside the order, dated 18-4-1983, made by the Deputy-Director, against the Respondent confiscating 2200 U. S. Dollars seized from the Respondent and imposing penalties aggregating to Rs. 2,500/- for alleged contravention of the provisions of the Foreign Exchange [Regulation Act, 1973. There having been a delay of 77 days in filing this appeal, appellant has filed I. A. I. to have that delay excused. That application is hotly contested.

(2.) The last date for the lodgment of the appeal before this Court was, it is not disputed, 20-11-1984. But the appeal was actually filed on 22-1-1985. Two affidavits dated 21-1-1985 and 7-8-1985 respectively are filed in support of 1. A. I. what emerges therefrom is that the decision to prefer an appeal was taken by the appropriate functionaries at Delhi on 15-11-1985 and was communicated to the Madras Office on 28-11-1984. Pursuantly, the standing Counsel for the Department, at Bangalore, drafted the memorandum of appeal on 6-12-1984. The acceptability of the explanation for the delay upto 6-12-1984 was not seriously debated, though, however, Sri. P. Vishw- anatha Shetty, learned Counsel appearing for the respondent suggested that the decision to file the appeal having been taken on 15-11 -1984, there was no reason why the appeal could not be filed well in time before the period of limitation ran -out,

(3.) In the explanation for the delay between 6-12-1984 and 22-1-1985. on which later date the appeal was actually lodged, the Assistant Director of Enforcement, the deponent, in his affidavit dated 7-8-1985 says :