2011 (2) TMI 1529

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....llowing order is delivered by Justice Subhash Samvatsar, Chairperson, Appellate Tribunal for Foreign Exchange: 2. This appeal is preferred against Adjudication Order No. ADJ/61/B/SDE/KNR/2007/FERA/4619 dated 30-10-2007 in case No. T4/82/B/SDE/PKA/98 passed by Special Director, Enforcement Directorate, Mumbai where by the Director of Enforcement has imposed a penalty of a sum of ₹ 3,00,....

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....racted their statements. 4. On the basis of their statements a show cause notice was issued to the present appellant on 18-9-1999 alleging that the present appellant has purchased foreign exchange equivalent to ₹ 15,00,000/- from Mohamed Omar Mistry. The appellant in his reply to the said show cause notice denied the allegations of purchasing the foreign exchange from Mohamed Omar Mist....

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....ant and therefore the findings arrived at by the Adjudicating Authority are perverse. 6. Ms. Sonali Bhade, ALA on the other hand supported the Impugned Judgment and contended that the statement of the present appellant is corroborated by Mohamed Omar Mistry and other evidence on record and therefore the Impugned Order deserves to be maintained. 7. After hearing the arguments of both th....

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.... of Bhawar Lai Patel when present appellant is Bhawar Lal Jain. Apart from that difference .in the name shows that there is no identification of the appellant. No identification parade was conducted to establish the identity of the appellant. 9. More over the Supreme Court in case of Haricharan Gurmeet v. State of Bihar AIR 1964 SC 1184 has considered the effect of confessional statement mad....