P. N. P. THULKARUNAI & Co. vs DIRECTOR, ENFORCEMENT DIRECTORATE, — 1971 PTD 335

Citation: 1971 PTD 335

Court: Madras High Court

Year: 1970

Decision Date: 1970-12-31

Parties: P. N. P. THULKARUNAI & Co. vs DIRECTOR, ENFORCEMENT DIRECTORATE, JUDGMENT

Headnotes

Case cited as 1971 PTD 335

Judgment Text

Court Name: Madras High Court Judge(s): Venkatadri Title:P. N. P. THULKARUNAI & Co. vs DIRECTOR, ENFORCEMENT DIRECTORATE, JUDGMENT Reported As: 1971 PTD 335 Result: Petition allowed Judgment JUDGMENT The petitioner is a partnership firm consisting of brothers. It was formed in the year 1959. The firm has filed this writ petition to quash the order dated January 6, 1965, passed by the Director, Enforcement Directorate, Ministry of Finance, New Delhi, levying a penalty of Ks. 10,000 under section 23(1)(a) of the Foreign Exchange Regulation Act, 1947, for contravention of the provisions of section 5(1) of the Act. As a result of the search of the petitioner's premises under the provisions of section 19(3) of the Act, certain incriminating documents were seized and a close scrutiny of the documents revealed, according to the Department, a number of contraven--tions of the provisions of the Act. The petitioner was called upon to give full details about the petitioner's connection with one K. S. Mohamed Ismail of Penang. Not being satisfied with the explanation offered, the Department proceeded to take proceedings under section 23-D. Finally, the Department found the petitioner- firm guilty of contravening the provisions of section 5(1) of the Act, relating to restrictions on payments and imposed the penalty aforementioned. According to the petitioner, the partnership firm was formed on April 14, 1959. Before that date, the petitioner-company, known as Thulkarunai & Co., was the…

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