Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Foreign Exchange Regulation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Foreign Exchange Regulation Act, 1973 - ss. 5, 9(1)(b), 9(1)(d) and 9(3) and s. 54 - Proceedings under the Act - Against the accused - Retraction of confession by the accused - Adjudicating authority imposing penalty - Appeal of accused allowed by Appellate Board - Appeal against the order of the Board by the Adjudicating Authority - High Court maintaining the appeal and setting aside order of the Board on Merit - On appeal, held: Power to prefer appeal to High Court is with Central Government-Adjudicating Authority having not been authorised to act on behalf of Central Government could not prefer the appeal - The Adjudicating Authority being a quasi-judicial authority cannot prefer appeal being dissatisfied with the judgment of the appellate authority - High Court was not correct in inter/erring with finding of fact arrived at by Appellate Authority - In view of retracted confession, conviction of the accused was not correct.Evidence - Confessional statement - Evidentiary value of - Held: Such evidence cannot be treated as substantive evidence.By a Notification, Central Government appointed the respondent-Special Director of Enforcement for the purpose of enforcing the provisions of Foreign Exchange Regulation Act, 1973. The respondent adjudicated the case of the appellant and imposed penalty in terms of Section 9(3) of the Act. Appeal of the appellant thereagainst was allowed by Foreign Exchange Regulation Appellate Board. Respondent preferred appeal against the order of the Board before High Court. In the appeal, Board was impleaded as party but Central Government was not. High Court set aside the question of maintainability of the appeal and also set aside the order of the Board, on merit. Hench the present appeal. Appellant contended that in view of Section 54 of the Act, only officers authorised in this behalf could prefer an appeal; and that order of High Court is unsustainable because High Court failed to consider the question that the appellant had retracted from his confession. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1019 |
Petitioner | Mohtesham Mohd. Ismail |
Respondent | Spl. Director, Enforcement Directorate And Anr. |
SCR | [2007] 10 S.C.R. 804 |
Judgement Date | 2007-10-09 |
Case Number | 1216 |
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