Judgement

SEN, J.:- The short question involved in this appeal by special leave directed against the judgment and order of the High Court of Bombay dated March 7, 1986 is whether the word whoever in sub-s. (1) of S. 23, Foreign Exchange Regulation Act, 1947, before its amendment by Act XXXIX of 1957 denoted only a natural person and association of persons, such as a firm, would not fall within the connotation of the word whoever. By the judgment, a, learned single Judge of the High Court allowed the appeal of the Director of Enforcement under S. 54 of the Act and set aside the order of the Foreign Exchange Regulation Appellate Board. Bombay. dated January 30, 1981 and restored the order of the Director of Enforcement dated August 17, 1978 holding the appellants guilty of contravention of S. 12(2) of the Act read with the notification issued by the Government of India in the Ministry of Finance, New Delhi, dated April 22, 1952 and levying a penalty of Rs. 15,00,000. By its order the Foreign Exchange Regulation Appellate Board held that there could be no levy of penalty on the appellants-firm for failure to repatriate foreign exchange on shipments of manganese ore made prior to Septem