BANSO DEVI Vs. ASSISTANT DIRECTOR ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) THIS judgment will dispose of S.A.O. No. 17 of 1978 and S.A.O. No. 69 of 1978, as both arise out of one chain transaction.

(2.) IN the first instance, both these cases came up before S. P. Goyal, J. for hearing but his Lordship looking to the importance of the matter, has referred them for decision by a larger Bench. It Is how this matter has come before us.

(3.) THE Assistant Director, Enforcement, in the case of Shri -mati Banso Devi came to the conclusion that she has received a total sum of Rs. 20,641.50 from Phidu Ram and Karam Chand, otherwise than through authorised dealers, by order and on behalf of her father Sohan Dass, a resident in England, in contravention of the provisions of Section 9(1)(b) of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as the Act) whereas in the case of Shri Phidu Ram it has been found that he has made these payments by order or on behalf of Shri Sohan Dass, in contravention of the provisions of Section 9(1)(d) of the Act. Consequently, under Section 50 of the Act, he imposed a penalty of Rs. 10,000 on Shrimati Banso Devi and a penalty of Rs. 4,000 on Phido Ram, - -vide separate orders, dated 28th October, 1976 and 31st August, 1977, respectively.