Charanjit Talwar, J.

( 1 ) THIS is an appeal under Section 54 of the Foreign Exchange Regulation Act, 1973, challenging the legality of the order dated 15th February, 1975, of the Foreign Exchange Regulation Appellate Board whereby the order of the Director of Enforcement finding the appellant guilty of contravening the provisions of Section 5 (1) (aa) and section 5 (1) (c) of the Foreign Exchange Regulation Act, 1947, was upheld. It is not necessary to notice the facts of the case in detail as, in my view, the appeal is liable to be decided on the short ground that the appellant s applications made to the Director of Enforcement and before the Appellate Board during the pendency of the appeat to summon four witnesses for cross-examination, were not dealt with by the authorities below.

( 2 ) A bare reading of the order under appeal shows that the statements recorded under Section 164 of the Code of Criminal Procedure of S/shri Tarlochan Singh, Balbir Singh, Ujagar Singh have been read as evidence in the case against the appellant herein. According to the statements of those witnesses some amount by way of "compensatory amount" had been paid to them by the appellant. It is the appel

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