2003 (1) TMI 766

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....adda, Principal and Capt. S.N. Gupta, Chairman of Manav Kendra School, Manav Kendra Enclave, Keshav Puram Pump House, New Delhi acquired DM 20,000 from one German Lichtheim Society, Germany, without any general or special permission of Reserve Bank of India. Acquisition of foreign exchange by an Indian citizen without permission of RBI is prohibited under section 8(1) of FERA, 1973. The charge was based on three documents viz. (i) Certificate bearing No. MKS/D/92 dated 1-4-1992 signed by Mrs. Chaman Padda, (ii) Certificate dated 24-2-1994 signed by Sabine Krautstrunk of West Germany and (iii) Letter dated 1-9-1994 of Sabine Krautstrunk addressed to Embassy of India, Bonn. The charges were denied by both the appellants. The case was decided ....

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..... S.N. Gupta admitted the same. According to the appellant there is no legal evidence that German Lichtheim Society had actually donated DM 20,000 to the institution which the appellants were connected. Shri Mahendra Singh, the learned counsel has submitted that Mrs. Chaman Padda in her statement dated 19-4-1994 had denied the signatures and stated that her signatures were forged on the said receipt. The money according to the respondent was donated for the Spiritual Education but according to the appellant their school was not imparting any Spiritual Education to their students and an assurance was given to Education Department, Delhi Administration at the time of recognition of the school. Mrs. Padda further stated that One Shri Thakur Si....

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....is no evidence as to who this person was and the contents of the letter were true. This document also does not prove the actual donation. As regards letter dated 1-9-1994 which was sent by Sabine Krautstrunk to Embassy of India and she has confirmed the payment of DM 20,000 to Shri S.N. Gupta in the presence of Roshan Lal for promoting the activities of the school. The Embassy of India had confirmed the letter. The respondent is wrong to say that the Embassy had confirmed the letter. The Embassy of India had simply forwarded the letter dated 1-9-1994. Shri Mahendra Singh has submitted that this document is not admissible since it was not seized from the custody of any of the appellants. In view of the provisions contained in section 70 of F....