Union Of India And Ors vs Shri Sujit Karan
2023 Latest Caselaw 2655 Cal/2

ORDER SHEET


                           FEA No. 6 of 2011
                 IA GA 3 OF 2011(Old GA 2642 of 2011)
                     IN THE HIGH COURT AT CALCUTTA
                 Special Jurisdiction (Foreign Exchange)
                             ORIGINAL SIDE


                       UNION OF INDIA AND ORS.
                              Versus
                          SHRI SUJIT KARAN

  BEFORE:

  The Hon'ble JUSTICE DEBANGSU BASAK

  The Hon'ble JUSTICE MD. SHABBAR RASHIDI

  Date : 21st September, 2023.
                                 Mr. Vipul Kundalia, Adv.
                                 Mr. Anurag Roy, Adv.
                                        ...for ED
                                 Mr. Rishi Raju with
                                 Mr. Anil Dhar, Advs.
                                        ...for the respondent

The Court : The appeal is directed against the judgment and

order dated January 31, 1994 passed in appeal against Adjudication Order

No. 9/94/AD dated January 31, 1994.

Learned advocate appearing for the appellant draws the

attention of the Court to the grounds in the memorandum of appeal. He

submits that the appellate authority misconstrued and misapplied the

statement recorded by the delinquent.

We put a query to the learned advocate appearing for the

appellant as to the cause papers and the papers in relation to which the

evidence rewarded was arrived at. He submits that department does not

possess the same.

Learned advocate appearing for the respondents makes

submission on the merits of the matter.

There is an issue as to whether, the materials made available to

the adjudicating authority was misunderstood by the adjudicating

authority or the appellate authority or not.

In such circumstances, it would be appropriate to remand the

matter to the appellate authority for fresh disposal.

Appeal No. 255 of 1994 is allowed. The appeal is accordingly

disposed of.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.)

TR/