MEHAR SINGH Vs. APPELLATE BOARD FOREIGN EXCHANGE

JUDGEMENT

(1.) This is an appeal under Section 54 of the Foreign Exchange Regulation Act, 1973, challenging the legality of the order dated 15th February, 1975, of the Foreign Exchange Regulation Appellate Board whereby the order of the Director of Enforcement finding the appellant guilty of contravening the provisions of Section 5(1)(aa) and section 5(1)(c) of the Foreign Exchange Regulation Act, 1947, was upheld. It is not necessary to notice the facts of the case in detail as, in my view, the appeal is liable to be decided on the short ground that the appellant's applications made to the Director of Enforcement and before the Appellate Board during the pendency of the appeat to summon four witnesses for cross-examination, were not dealt with by the authorities below.

(2.) A bare reading of the order under appeal shows that the statements recorded under Section 164 of the Code of Criminal Procedure of S/Shri Tarlochan Singh, Balbir Singh, Ujagar Singh have been read as evidence in the case against the appellant herein. According to the statements of those witnesses some amount by way of "compensatory amount" had been paid to them by the appellant. It is the appellant's case that he had made an application before the Director of Enforcement during the adjudication proceedings to summon those witnesses and also another witness, namely, Bhanwar Lal from whom, according to the prosecution, the amount which was to be distributed by the appellant, had been received by him. It is submitted by Ch. Amar Singh, learned counsel for the appellant that during the pendency of the appeal before the learned Appellate Board he made another application on 12th February, 1974, seeking that in the interests of justice those four witnesses be summoned and for that purpose the case be remanded to the Director. As the plea contained in the application has a bearing on the decision of this case it is useful to quote the said application which is at page 43 of the Appellate Board's record :

(3.) The above application has been marked as Ex-24.