HC quashes writ petition filed against the order for confiscation of money as facts were to be investigated to cull out the truth
- Blog|News|FEMA & Banking|
- 2 Min Read
- By Taxmann
- |
- Last Updated on 22 February, 2022
Latest from Taxmann
Case Details: D. Naresh Kumar v. Deputy Director, Directorate of Enforcement, Government of India, Chennai - [2022] 135 taxmann.com 114 (Madras)
Judiciary and Counsel Details
-
- S.M. Subramaniam, J.
- A. Tamilvanan for the Petitioner.
- N. Ramesh, Special Public Prosecutor for the Respondent.
Facts of the Case
In the instant case, the writ petition was filed challenging the Adjudication Order passed by the respondent. The order of adjudication was issued under the provisions of the Foreign Exchange Management Act, 1999.
The petitioner filed a writ petition against said order contending that money confiscated from his manager belonged to the petitioner and he made a claim for return of property but Adjudicating Authority had not considered facts and circumstances and rejected the claim.
High Court Held
The High Court held that if the petitioner claimed that he was the owner of money, it was for him to initiate appropriate steps before the authority and the High Court could not issue a direction to provide an opportunity to writ petitioner in adjudicatory process, wherein admittedly money was not confiscated from petitioner but from his Manager.
The High Court further observed that since facts were to be investigated and a trial was required for purpose of culling the out truth behind allegations, such an elaborate adjudication could not be done in writ proceedings and, therefore, property, which was confiscated by Enforcement Directorate, could not be released and opinion formed by authorities in adjudicatory process was not to be interfered with by Court in the writ petition. The petitioner could prefer an appeal in a prescribed format and complying with procedures as contemplated under Act.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
CA | CS | CMA
