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TMI Blog2018 (5) TMI 1530X X X X Extracts X X X X X X X X Extracts X X X X ..... implicated. Appeal allowed. - FPA-FE-639/AHD/2005 - - - Dated:- 22-5-2018 - Smt. Ananya Ray Member For the Appellant : Shri N.M. Kapadia, Advocate For the respondent : Shri Prashant Pandey, Legal Consultant JUDGEMENT FPA-FE-639/AHD/2005 1. A show cause notice no. T4/38-B/95-SCN dated 31.05.1995 was issued to one Shri Farooque Abdul Gaffar Mithawala for contravention of Section 9 (1) (b) of FERA. The charge was that Shri Mithawala during the years 1992 to 1994 received payment in India totalling to ₹ 25,00,000/- from unknown persons as a part of foreign exchange remittance from Dubai, although he is not an authorised dealer in foreign exchange in India. The adjudicating authority has substantiated this cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any evidence to show that the appellants have an alias as Farooque Memon or that they are one and the same person but in the process have wrongly implicated them and have harassed him. 3. The appellant drew attention to his bail order, application for which was moved in the court of Additional Chief Metropolitan Magistrate at Ahmedabad after he was arrested by the ED, Ahmedabad wherein the Hon ble Court had asked in writing from the prosecution regarding the clarification of identification of Farooque Memon in writing. That clarification was not made . in that circumstance Farooque Abdul Gaffar Mithawala and Farooque Memon is a same person such difference if prosecution side not able to show then to keep the applicant/accused in judic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 06.11.1995 [1996 AIR 522]. During the hearing, both the appellants and respondents reiterated their above submissions. 5. I have carefully considered the case and also gone through the documents on record. The Panchnama dated 16.09.1994 does not mention either Farooque Mithawala or Farooque Memon. Hence, it cannot be treated as a piece of evidence in the present case. The voters‟ list produced by the appellant and available on record shows Shri Farooque Bhai Abdul Bhai Mithawala is resident of House No. 150/7 village Dungari, Taluka Valsad, whereas the voters‟ list of Farooque Bhai Memon shows the address as house No. 3/15 village Navsari, District Valsad. This voters‟ list do show that they are two different peopl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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