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TMI Blog1985 (9) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... Regulation Appellate Board whereby the order of the Director of Enforcement finding the appellant guilty of contravening the provisions of Section 5(1)(aa) and section 5(1)(c) of the Foreign Exchange Regulation Act, 1947, was upheld. It is not necessary to notice the facts of the case in detail as, in my view, the appeal is liable to be decided on the short ground that the appellant's applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lal from whom, according to the prosecution, the amount which was to be distributed by the appellant, had been received by him. It is submitted by Ch. Amar Singh, learned counsel for the appellant that during the pendency of the appeal before the learned Appellate Board he made another application on 12th February, 1974, seeking that in the interests of justice those four witnesses be summoned and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lected the currency notes has not been summoned and his evidence is indispensable in this case. It is, therefore, prayed that in the interests justice Trilochan Singh, Baibir Singh and Ujagar Singh to whom it has been alleged that compensatory amount have been paid and as well as Bhanwar Lal Jain be summoned for the evidence and case be remanded to the Director for this purpose". (3) The abo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otherwise .....". (5) This finding is against the record of the case, which shows misapplication of mind. Non-summoning of the said witnesses for purposes of cross-examination has resulted in miscarriage of justice. (6) In the result I allow this appeal and set aside the impugned order dated 15th February, 1975. I remand the case to the Appellate Board for deciding it afresh in accordance w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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