UNION OF INDIA Vs. ANANDA NATARAJAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by Union of India, represented by Director of Enforcement against the order made in RP.No.36/2001 passed by the Appellate Tribunal for Foreign Exchange, New Delhi.

(2.) The respondent herein was issued with a show cause notice by way of memorandum dated 31.12.1999 by the Adjudicating Authority i.e., Assistant Director, Enforcement Directorate, Chennai for his being found in possession of foreign exchange valued at Rs.69,064/- without the previous, general or special permission of the Reserve Bank of India in contravention of the provisions of Section 8(1) of the Foreign Exchange Regulation Act 1973. The case was adjudicated upon by the Assistant Director in the office of the Deputy Director of Enforcement vide order dated 12.5.2000, thereby acquitting the respondent herein of the above charges and ordering release of the seized foreign currencies from his brief case and residence to him. It is ordered so, on the ground that as the value of the seized foreign currencies is less than US $ 2000, the charge does not attract section 14 and the Enforcement has also failed to prove unauthorised acquisition of foreign exchange by the respondent herein.

(3.) Questioning the legality, propriety and validity of the order of the Assistant Director, Revision Petition No.36/2001 was filed by the Director of Enforcement before the Appellate Tribunal for Foreign Exchange, New Delhi. The Tribunal after examining the records, found that the charge against the respondent herein was not proved by the prosecution and agreed with the findings of the Adjudicating Authority and accordingly dismissed the Revision. Hence, this Civil Miscellaneous Appeal before this court by the Director of Enforcement.