ABDUL AZIZ AHMED ANSARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India challenging a Judgment and Order dtd. 24/4/2004 passed by the Appellate Tribunal for Foreign Exchange, in Appeal No.224 of 1995. The prayers as made in the Writ Petition are as follows:-

(2.) Petitioner owned Cloth Stores by name Zaibash Cloth Stores at Madanpura, Mumbai. On 12/5/1988, the officers of Enforcement Directorate ( for short E.D.), raided Petitioner's Cloth Stores and seized cash from his cash box in Indian currency being an amount of Rs.1,78,000.00 and few other documents.

(3.) On 5/5/1989, a Show Cause Notice was issued by the Assistant Director of Enforcement, to the Petitioner, alleging contravention of Sec. 9(1)(b) and Sec. 9(1)(d) of Foreign Exchange Regulation Act, 1973 ( for short FERA). The said Show Cause Notice stated that the Petitioner had received Rs.45,000.00 from persons residing outside India and made payment on behalf of person, who was residing outside India.