YAHUTTY C. Vs. DIRECTOR OF ENFORCEMENT

JUDGEMENT

(1.) This Miscellaneous First Appeal challenges the Order of the Appellate Tribunal for Foreign Exchange, in Revision Petition No.260/2001, which allowed the revision reversing the adjudication order of acquittal in AD/MAS/45/2000 (KSA). The Revisional Authority found the charges levelled against the appellant, of contravention of Ss. 9(1)(b) and 9(1)(d), read with Sec. 64(2), of the Foreign Exchange Regulation Act, 1973 ('FERA', for short) to be proved and directed confiscation of the seized amount of Rs.6,10,000.00, besides imposing a penalty of Rs.5,00,000.00.

(2.) Heard Sri.Joshi N.Thomas, learned counsel for the appellant and Sri.Jayasankar V.Nair and Smt.Mini Gopinath, learned Standing Counsel for the Enforcement Department (hereinafter referred to as 'the E.D.').

(3.) In accord with the requirements of Sec. 35 of the Foreign Exchange Management Act, 1999 (for short, 'FEMA') we re-frame the questions of law, which arise in the instant appeal as here under :