The Customs officials initiated proceedings for companyfiscation of foreign exchange and used the statement of Mr. Dudani against the petitioner, After enquiry and gaiving an opportunity to the petitioner, the Additional Collector companyfiscated the foreign currency and impoed a penalty of Rs.
The special leave petition arises from the order dated 7th August, 1995 passed by the Bombay High Court in W.P. NO.
On that basis, he companycluded that Mr. Dudani incriminated himself and the appellant in passing off foreign currency out of India, i.e., to Hong Kong.
13,27,212/ .
On suo motu revision, the Government reversed the order of the Collector and restored the order of the Additional Collector which was affirmed by the High Court by the impugned order.
Thus the special leave petition.
When the petitioner challenged the companyfiscation in appeal, the Collector set aside the said order.
The Joint Secretary to the Government, the revisional authority, has held that the evidence and the statement given by Mr. Dudani incriminates the petitioner.
It was accordingly held that the companytravention was established.
Thereafter, the Customs officials traced the petitioner and had searched his premises on December 21, 1991, in his absence, but numberhing incriminating was recovered.
This was established with reference to the photographs and other intrinsic material.
The Customs officials at Sahar International Airport, Bombay apprehended one Sukhawani Solanki when he was attempting to export foreign exchange out of India valuing Rs.
The Customs officials apprehended Mr. Subhash Dudani who in his statement recorded under Section 108 stated that foreign exchange given to Solanki was received from one Mr. Rajesh Sukhawani.
1334 of 1995.
1 lakh.
