1998 (3) TMI 719

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....arisen from Adjudication Order No. AD/MAS/72/97/SPS, dated 25-9-1997 under which a penalty of Rs. 30,000 has been imposed on the appellant for contravention of section 9(1)(b) of the Foreign Exchange Regulation Act, 1973 ('the Act'). The amount of penalty has been allowed to be recovered from the seized amount of Rs. one lakh. The learned Adjudicating Officer has ordered that the balance of the se....

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....3. Without going into the question whether the appellant approached this Board on the advice of the Assistant Director or of his own, the fact is that the balance amount of Rs. 70,000 has not yet been returned to the appellant. Shri Sadhu Khan submitted that the procedure is that the appellant should make an application to the Directorate for obtaining the refund. He submitted that it is likely th....

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....ith. I have no reason to doubt that the amount of Rs. 30,000 being the amount of penalty has been recovered from the seized amount and credited to the Government's accounts. If that be the case, any further retention of the balance amount of Rs. 70,000 is clearly unlawful. The proper course would have been to simultaneously send, an appropriate pay order favouring the appellant, by means of postal....