RAMAKRISHNA SETTY Vs. SPECIAL DIRECTOR

JUDGEMENT

(1.) This writ petition is directed against the order dated 6 June 2013 whereby and whereunder, the Directorate of Enforcement rejected the request of the petitioner for cross examination of the officers and other persons mentioned in the show cause notice, and directed the petitioner to furnish substantive reply within a period of thirty days.

(2.) The Assistant Director, Enforcement Department, filed a counter affidavit wherein it was contended that strict provisions of the Indian Evidence Act are not applicable to a proceeding before the adjudicating authority constituted under FEMA. The Director contended that there is no question of cross examination of persons whose names were shown in the complaint in view of the scheme of the Act.

(3.) The learned counsel for the petitioner contended that the adjudicating authority placed reliance on the statement recorded from various persons and as such, adequate opportunity should have been given to the petitioner to cross examine the witnesses. According to the learned counsel, though the Adjudicating Authority was not bound by the provisions of the Indian Evidence Act, he should follow the principles of natural justice. Since the adjudicating authority placed reliance on the statement of certain witnesses recorded by the authority, necessarily, the petitioner should have been given an opportunity to cross examine all such witnesses.