S. Muralidhar, J.

The challenge in this writ petition under Article 226 of the Constitution is to a show cause notice dated 4th December 2003 issued by the Commissioner, requiring the Petitioners to appear before the Adjudicating Officer/ Commissioner for a hearing on 17th December 2003 pursuant to a Memorandum issued by the Deputy Director, Directorate of Enforcement ('DoE') on 28th February 2002 asking the Petitioners to show cause why they should not be proceeded against for contravention of the provisions of Section 18(2) of the Foreign Exchange Regulation Act, 1973 ('FERA').

2. The factual background is that during the years 1992-93, the Petitioner No. 1 Company effected shipment of goods valued at US $ 94814.20 under the cover of GR forms to a party at Binapole in Bangladesh. The consignment was of cotton yarn dyed cloth which was to be dispatched to M/s Azim Garments Ltd. ('AGL') at Dhaka. The consignment was booked for carriage by M/s Transport Corporation of India Ltd. ('TCIL'). It is stated that TCIL undertook, under the contract of carriage, to deliver the goods to AGL under the order of Islami Bank Bangladesh, Dhaka. As regards the condition of delivery, it was