IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 89 of 2006()
1. J.VIJAYAKRISHNA PILLAI,
... Petitioner
Vs
1. THE DIRECTOR,
... Respondent
2. THE ASSISTANT DIRECTOR,
For Petitioner :SRI.P.A.NOOR MUHAMMED
For Respondent :SRI.JOHN VARGHESE, ASSISTANT SG
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :19/06/2007
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.F.A.NO.89 OF 2006 (E)
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Dated this the 19th day of June, 2007
J U D G M E N T
KOSHY,J.
Petitioner was employed in a Gulf country for about 13
years. He came back in 1988. Since he decided not to go
back, he requested his friend to sent back his money invested
in the Bank at Abudhabi and the money was sent back to him.
He deposited Rs.80,000/- in the wife’s account in Velinalloor
Service Co-operative Bank and kept Rs.20,000/- in cash. The
above amount was confiscated stating that the amount was
sent without getting permission from the Reserve Bank of India.
Investigating authority found that without permission of the
Reserve Bank of India, receiving so much money is violation of
Section 9(1) (f) (i) of the Foreign Exchange Regulation Act,
1973. But considering the fact that appellant deposited 80%
of the amount in Bank shows that he has no mens rea. Out of
his ignorance this was done. The adjudicating authority and
M.F.A.89/2006 2
1st appellate authority also found so and a lenient view was
taken. He was directed to pay Rs.50,000/- as penalty and it
was to be realised from Rs.1,00,000/- confiscated. Minimum
penalty is only Rs.5,000/-. Here in this case appellant has
earned the money by hard labour for about 13 years. When he
decided not to go back his friend collected the amount due to
him and sent the amount. Non obtaining of permission of R.B.I.
was only due to ignorance. However, there is a technical
violation of the Act as found by the authorities. In the above
circumstances, we reduce the penalty to Rs.10,000/- and after
adjusting the penalty, balance amount should be returned to
the appellant. With the above observations this M.F.A. is partly
allowed.
J.B.KOSHY, JUDGE
K.P.BALACHANDRAN, JUDGE
prp
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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8th June, 2007