KAMINI SADH Vs. SPECIAL DIRECTOR OF ENFORCEMENT

JUDGEMENT

(1.) The instant Criminal Appeal under Sec. 35 of the Foreign Exchange Management Act, 1999 (hereinafter "FEMA") has been filed on behalf of the appellant against the order dtd. 30/8/2016 passed by the Appellate Tribunal for Foreign Exchange in Appeal No. 138/2007.

(2.) The appellant is a proprietor of M/s Shrestha International, working as an exporter of readymade garments. During the period from year 1990 to 1994, the appellant exported goods vide 44 GR Forms to a company in France. The concerned buyer in France became bankrupt and therefore, some of the export proceeds against the said consignments could not be realized. The total outstanding amount, thereby, came out to be USD 3,52,784.40 and INR 39,000/-.

(3.) The appellant was served a Show Cause Notice No. T-4/87-D/2001 dtd. 5/11/2001, by the Directorate of Enforcement (hereinafter "ED")/respondent no. 2, asking her to show as to why proceedings as provided under Sec. 51 of the Foreign Exchange Regulation Act, 1973 (hereinafter "FERA") should not be initiated against her for contravening the provisions under Sec. 18(2) and 18(3) of the Act. The contents of the Show Cause Notice alleged that the company of the appellant took or refrained from taking an action so as to affect security of export to the tune of USD 3,52,784.40 and INR 39,000/- in respect of goods that were shipped by it under the cover of GR forms. It was also alleged that this led to delay beyond prescribed period, without any permission of the Reserve Bank of India (hereinafter "RBI") for effecting the securing of receipt of the full export value of goods exported from the country of final destination of the goods.