ORDER : - This Rule is the sequel to a notice by the Director of Enforcement to show cause why adjudication proceedings should not be held against the petitioner for an alleged contravention of the provisions of S.4(1) of the Foreign Exchange Regulation Act, 1947, as modified up to 1st July, 1959. The provisions relating to such adjudication proceedings are contained in Ss.23 and 23D of the said Act.

2. Following the recovery of some foreign currency at No.311, Bow Bazar Street, Calcutta, where the petitioner along with his mother and brother carried on the business of jewellers, the said Director of Enforcement issued a notice upon the petitioner to show cause why adjudication proceedings in respect of the contravention alleged should not be held. The petitioner showed cause.

3. The petitioners objection to the said proceedings is founded upon two grounds:

(a) Section 23(1)(a) as well as S.23D offend against Art.14 of the Constitution, and

(b) section 23(1)(a) having been substituted by an amendment of 1957, it cannot have retrospective operation in respect of the offence, if any, which took place in 1954.

4. As to the first point, there is no doubt that the amended section violates th

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