| |
| The Tax Publishers 2019 TaxPub(CL) 0545 (Del-HC) FOREIGN EXCHANGE MANAGEMENT ACT, 19
Section 13, Section 10
Where Enforcement Directorate suspended the passport of petitioner for non-appearance in person before the concerned officers investigating the violation of the provisions of FEMA, however, petitioner voluntarily requested for his examination by teleconferencing which was not accepted by the ED, then, the order suspending the passport of the petitioner was to be set aside.
|
Penalties - Suspension of passport in investigation conducted under FEMA - Request for alternate mode of examination by Video Conferencing - Whether action of respondents to impound the passport of petitioner sustainable
The respondent-Enforcement Directorate (ED) suspended the passport of petitioner-J under section 10(3)(c) of the Passports Act on the ground that J had failed to appear in person before the concerned officers investigating the violation of the provisions of FEMA. J contended that he was ready to provide all the documents as required by ED and also agreed to appear before the concerned officers by teleconferencing, however, the ED did not accept it. Thus, the question arose for consideration was whether the action of the respondents to impound the passport of the petitioner is sustainable in law. Held: It was noted that J had voluntarily agreed to appear by teleconferencing and also made all arrangements for the same, however, that was not accepted. The provisions of FEMA did not entail custodial interrogation, therefore, a request for an alternate mode of examination by video conferencing was not to be shrugged aside. Hence, the order suspending the passport of J was set aside.
REFERRED : Junaid Iqbal Memon v. Union of India & Ors.[ W.P.(C) 531/2006, dt. 26-3-2007] and Lalit Kumar Modi v. Union of India (2014) 213 DLT 504 (Del)
FAVOUR : In favour of petitioner
A.Y. :
 SUBSCRIBE FOR FULL CONTENT
|