- (1.) This order shall dispose of SAO No. 20 of 2004 titled Gurmit Kaur v. Appellate Tribunal for Foreign Exchange, SAO No. 21 of 2004 titled Saudagar Singh v. Appellate Tribunal for Foreign Exchange and SAO No. 22 of 2004 titled Major Manjit Singh Dhillon v. Appellate Tribunal for Foreign Exchange. For the sake of brevity, facts are taken from SAO No. 20 of 2004.
(2.) The present appellants raised the following questions of law for determination by this Court :- 1]. Whether the statement of an accused taken while he is in custody and which subsequently stands retracted can be the basis for imposing penalty? 2]. Whether the statement of persons recorded under Section 40 of the FERA Act and not produced for cross-examination could be taken into consideration for imposing penalty under the provisions of FERA ? 3]. Whether the present case is based on no evidence and, therefore, finding recorded are based on no evidence and, therefore, liable to be set aside ?
(3.) The appellants were issued show cause notice for contravening the provisions of Section 9(1), 9(b) & 9(1)(d) of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as FERA, 1973).;