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TMI Blog1997 (12) TMI 678X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 28/ADJ/97-AD(KS)/154, dated 28-2-1997 under which a penalty of Rs. 10,000 has been imposed on the appellant under section 9(1)(b) of the Foreign Exchange Regulation Act, 1973 ( the Act ). 2. I have heard the learned counsels of both parties. First of all, Shri Jeevan Prakesh, the learned counsel for the appellant, has argued that even the confessional statement of the appellant, though later o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 16-11-1994 had admitted that he received an instruction from abroad to make payment of Rs. 2,50,000 to Shri Ramesh Chand Agarwal, whose statement was recorded on 3-5-1994, in which he, inter alia, deposed that in the first week of November 1994 he had received a telephone call from his brother-in-law from Dubai that he is sending a sum of Rs. 2,50,000. Accordingly, an unknown person came to h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant has no- where in his statement uttered that either he received any payment or gave it to anybody. Enforcement Directorate/respondent has mainly based the imposition of penalty on the retracted statement of the alleged contravener Ramesh Chand Agarwal dated 3-5-1995. In his statement also he has stated : This sum has been received by my brother-in-law at my shop before me. This state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss of the Panchnama has been examined by the respondent. The counsel for the respondent has argued that the telephone number of the appellant is the same as in the Seizure Memo. But in the absence of the clear identity of the alleged contravener as to whether he was Ramesh or he was Garg, no guilt can be fastened on him beyond reasonable doubt, specially in the circumstances when the appellant has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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