DIRECTORATE OF ENFORCEMENT Vs. RENU VIJ

JUDGEMENT

(1.) THESE are two criminal appeals bearing no.1231/2001 titled Directorate of Enforcement v. Renu Vij and Crl. A. No. 1232/2011 titled Directorate of Enforcement v. Ravinder Singh.

(2.) BOTH these appeals have been preferred against the orders dated 26.6.2006, 6.8.2009 and 28.7.2009. Along with Crl.A.No.1231/2011, two applications bearing Crl. M.A. No. 11750/2011 (seeking condonation of 507 days delay in filing the appeal) and Crl.M.A.No.11752/2011 (seeking condonation of 151 days delay in re -filing the appeal) are filed and along with Crl.A.1232/2011 also, there are two similar applications bearing Crl.M.A.no.11756/11 and Crl. M.A. No.11758/11.

(3.) BRIEFLY stated the facts of the case are that two appeals bearing No. Crl.A.382/2005 and Crl.A.388/2005 were filed by Smt. Renu Vij and Sh. Ravinder Singh respectively, before Appellate Tribunal for Foreign Exchange against a common adjudication order dated 4.3.2005 passed by the Special Director, Enforcement Directorate, Govt. of India, New Delhi imposing a penalty of Rs.1,00,00,000/ - against Renu Vij for contravention of Section 9(1)(d) read with Section 68 of Foreign Exchange Regulation Act, 1973 and Rs.40 lacs against Sh. Ravinder Singh for contravention of provisions of Section 9(1)(b) of the Foreign Exchange Regulation Act, 1973. The reason for imposition of these penalties in the departmental adjudication proceedings were essentially twofold i.e. (i) Smt. Renu Vij made a payment of US$3,20,000/ - to Sh. Ravinder Singh and he received such payment otherwise than an authorized dealer by order or on behalf of M/s Less and Less Trading Company, Dubai and (ii) Renu Vij made a payment of Rs.2,67,98,100/ - to one Vinod Grover by order and on behalf of Rajesh Mahajan of Dubai.