The appeal pertains to a case registered under FEMA against the ...

Appeal Dismissed: Lack of Evidence and Unjustified Delay in Foreign Exchange Violation Case Linked to Bombay Blast.

November 18, 2024

Case Laws     FEMA     AT

The appeal pertains to a case registered under FEMA against the respondent, alleging support to the accused involved in the Bombay Blast Case and contravention of Sections 9(1)(b) and (d) of the Foreign Exchange Regulation Act, 1973. The appellant, the Directorate, failed to establish that the respondent received payment from any person residing outside India or that Tiger Memon, with whom the alleged hawala transaction took place, was a non-resident. The Directorate relied on statements discarded by the Supreme Court in the TADA case, where the respondent's statements were considered coerced. The Directorate did not provide other material to prove the case and failed to plead that Tiger Memon was a non-resident. The respondent controverted the facts, showing Tiger Memon's passport identified him as an Indian resident. The Appellate Tribunal found no merit in the case and the delay of over 800 days in filing the appeal, with no cogent reasons provided for condonation of delay.

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