UNION OF INDIA Vs. EXCHANGE REGULATION APPELLATE BOARD

JUDGEMENT

(1.) A Memorandum No. T-4/6-J/80 (SCN III) was issued to Harnam Dass respondent for contravening the provisions of Section 9 (3) of the Foreign Exchange Regulation Act, 1973. It was stated therein that he had caused to remit to India from abroad an amount equivalent to Rs. 2,89,123/- in an unauthorised manner, which was in contravention of the said provision. He was, thus, called upon to show cause in writing why adjudication proceedings as contemplated in Section 51 of the Act should not be held against him for the aforesaid contravention. However, ultimately the adjudication officer i. e. Additional Director came to the conclusion as under :

(2.) ON appeal by the Director of Enforcement, the Appellate Board affirmed the said findings of the adjudicating officer and thus maintained the order of acquittal passed by him. Dissatisfied with the same, the Union of India has filed this second appeal in this Court under Section 54 of the Act.

(3.) NO one is present on behalf of the respondents in spite of service.