2018 (2) TMI 333

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..../DLZO/SDE(CR) dated 11.01.2016 (SCN) and file no. T3/CP/34/DZ/2009/AD (SB) (complaint)). 2. By the impugned order, the respondent (Special Director, the Directorate of Enforcement) has rejected the petitioner's application for cross-examination of Mr. Manoj Garg (the Investigating Officer), the complainant, Mr. A.K. Verma, Mr Mohan Singh, Mr. Preetam Singh and Satbir Singh, Assistant Director who were signatories to the Panchnama. The petitioner had also sought an opportunity to cross-examine Mr. V.K. Gogia and Mr. S. Bhatnagar who had witnessed the Panchnama. The relevant extract of the impugned order reflecting the reasons for denying the petitioner's request for cross-examination, reads as under:- "I find that the grounds mentioned....

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.... stayed. He submitted that in the given circumstances, the said decision has no precedent value. He further submitted that without prejudice to the aforesaid contention, the facts in the present case did not warrant cross-examination of any individual. 5. I have heard learned counsel for the parties. 6. The Assistant Director, Enforcement Directorate had filed a complaint dated 08.01.2016 under Section 16 (3) of the Foreign Exchange Management Act, 1999 (hereafter 'FEMA') alleging contravention of certain provisions of FEMA read with Regulations made thereunder. Subsequently, a Show Cause Notice dated 11.01.2016 was also issued to the petitioner as well as other noticees, inter alia, calling upon them to show cause as to why adjudicat....