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Issues involved: Appeal challenging the legality of the order of the Foreign Exchange Regulation Appellate Board, failure to deal with appellant's applications to summon witnesses for cross-examination, misapplication of mind resulting in miscarriage of justice.
Issue 1: Challenge to the order of the Foreign Exchange Regulation Appellate Board The appeal was made under Section 54 of the Foreign Exchange Regulation Act, 1973, contesting the order of the Appellate Board upholding the Director of Enforcement's finding of contravention of Section 5(1)(aa) and Section 5(1)(c) of the Foreign Exchange Regulation Act, 1947. The appeal was based on the failure of the authorities to address the appellant's applications to summon witnesses for cross-examination during the appeal process. Issue 2: Failure to deal with applications to summon witnesses The appellant had applied to summon witnesses for cross-examination, including individuals from whom compensatory amounts were alleged to have been received. Despite the appellant's repeated requests, the authorities did not address these applications properly. The failure to summon these witnesses for cross-examination was deemed a misapplication of mind, leading to a miscarriage of justice. Conclusion: The High Court allowed the appeal, setting aside the impugned order and remanding the case to the Appellate Board for a fresh decision in accordance with the law. The court directed that the application to summon witnesses be decided after giving the parties an opportunity to be heard. The record of the Appellate Board was to be returned promptly.
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