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1995 Supreme(Mad) 295

K.A.SWAMI, RAJU
A. Abdul Samath – Appellant
Versus
Union of India – Respondent


Appearing Advocates:S. Govindswaminathan, M/s. K. Madhavan & M. Ameer Ali, V. Rangarajan, Advocates.

Judgment :-

RAJU, J.

The above writ appeal and writ petition have been posted together and heard since they involved consideration of identical issues.

2.W.P. No. 3487 of 1994 has been filed for a Writ of Certiorari to call for and quash the Memorandum No. T-4/15/SZ/C/94, dated 9-2-1994 issued by the Deputy Director (Shri A.K. Banerjee), Enforcement Directorate, Southern Zone, Madras-6. The said memorandum calls upon the petitioner and three others to show cause within the time stipulated as to why adjudication proceedings as contemplated in Section 51 of the Foreign Exchange Regulation Act, 1973, hereinafter referred to as 'the Act' should not be held against them for the contravention of the various provisions referred to therein and as to why U.S. $ 13, 000/- and Rs. 2, 60, 915/- Indian currency seized from the petitioner stated to be the amount involved in the contravention in question should not be confiscated to the Central Government under Section 63 of the Act. The said memorandum also informs the recipients including the petitioner of the said memorandum that in issuing the said proceedings reliance is placedinter aliaon the documents listed in the annexure thereto that the











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