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1975 Supreme(Mad) 625

N.S.RAMASWAMI
M. S. M. Syed Mohammad Bukhari – Appellant
Versus
Director of Enforcement, New Delhi – Respondent


Advocates:
M.S. Abdul Azeez, for Appellant; R. Thyagarajan, for the Central Govt. Standing Counsel, on behalf of Respondents.

Judgement

JUDGMENT:- This is an appeal under Sec. 23-EE of Foreign Exchange Regulation Act, 1947, (hereinafter referred to as the Act) by one M. S. M. Syed Mohammad Bukhari who was charged by the Director, Enforcement Directorate, New Delhi under the provisions of the Act. There were three charges. The Director found the appellants guilty of the charges and imposed a penalty of Rs. 2,500/-. The appellant filed an appeal under Section 23-E of the Act to the Foreign Exchange Regulation Appellate Board, but without success. Therefore this appeal under Section 23-EE of the Act has been filed. Under that section, a second appeal to this Court lies only on a question of law.

2. The contention on behalf of the appellant before me has been that the Director had not followed the proper procedure laid down under the relevant rules framed under the Act, that he had found the appellant guilty without recording of evidence and that no opportunity had been given to the appellant to meet the charges. It was further contended that in law the alleged charges cannot be said to have been made out.

3. The three charges are :

(1) during the years 1954-59 the appellant made various payments amounting to St.













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