https://www.taxtmi.com/caselaws?id=273159 Sections 23 and 23-D of the Foreign Exchange Regulation Act, 1947 were upheld as constitutionally valid under Article 14. The court held that foreign exchange contraventions formed a special class and that the Act supplied a guided enforcement scheme rather than an unguided choice between adjudication and prosecution. Section 23-D required the Director of Enforcement to begin with adjudication and allowed a court complaint only where the available penalty appeared inadequate. Section 23(3) operated within that same controlled framework and did not create a free-standing discretionary election. The writ petitions therefore failed. en-us Fri, 17 Jan 1969 00:00:00 +0530 Fri, 08 Jun 2018 18:45:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=273159 Sections 23 and 23-D of the Foreign Exchange Regulation Act, 1947 were upheld as constitutionally valid under Article 14. The court held that foreign exchange contraventions formed a special class and that the Act supplied a guided enforcement scheme rather than an unguided choice between adjudication and prosecution. Section 23-D required the Director of Enforcement to begin with adjudication and allowed a court complaint only where the available penalty appeared inadequate. Section 23(3) operated within that same controlled framework and did not create a free-standing discretionary election. The writ petitions therefore failed. Case-Laws FEMA Fri, 17 Jan 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=273159