PAWAN PODDAR Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) The Court: The order dated August 8, 2008, passed by the appellate Tribunal of Foreign Exchange is impugned in this appeal at the instance of the appellant, Pawan Poddar who is one of the co-accused in this matter.

(2.) It is made clear that this judgment will be confined to this case only and will not be applicable in other cases.

(3.) The fact of this case is that by the impugned judgment and order, the learned Tribunal had upheld the order of adjudication dated January 3, 2002, passed by the Deputy Director, Enforcement Directorate, imposing penalties upon the appellant to pay a sum of Rs. 2.70 lakhs for alleged contravention of section 9(1)(f)(i) of the Foreign Exchange Regulation Act, 1973 (then subsisting). The appellant was served with a show cause notice along with the other notices who are not before us, of course with a charge that he was alleged to have made payment to one Sri Ratan Jasarasaria. This payment, along with other payment, was to be utilised in foreign countries through conversion of foreign currency.