AMRIK SINGH SALUJA Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals are directed against the common order dated 4th January 2008 passed by the Appellate Tribunal for Foreign Exchange ("AT") dismissing the Appeal Nos. 474 and 478 of 2001 thereby affirming the adjudication order dated 9th October 2001 passed by the Special Director ("SD"), Enforcement Directorate ("ED").

(2.) Criminal Appeal No. 120 of 2008 has been filed by Mr. Amrik Singh Saluja and Criminal Appeal No. 250 of 2008 has been filed by Mr. Rajiv Gopalani.

(3.) The facts leading to the filing of the present appeals are that on 14th August 1998 a show cause notice (SCN-I) was issued to Mr. Amrik Singh Saluja alleging that he had made payments totalling Rs.1.18 crores to Mr. Arvind Shah @ Subhash Ganatra, a person resident in India, without any special or general permission of the Reserve Bank of India ("RBI") acting on the instructions of his brother Dr. Rajinder Singh Saluja of the United Kingdom, a person resident outside India, and thereby contravened Section 9 (1) (d) of Foreign Exchange Regulation Act, 1973 ("FERA"). SCN-I was also issued to Mr. Arvind Shah for receiving the aforementioned payment and to Mr. Raj Kumar Kedia for aiding and abetting Mr. A.S. Saluja in making the aforementioned payment.