Calcutta High Court
Monotosh Saha vs Special Director Enforcement ... on 4 December, 2009
Author: Kalyan Jyoti Sengupta
Bench: Kalyan Jyoti Sengupta
FEA No. 25 OF 2009
GA No. 2171 of 2009
IN THE HIGH COURT AT CALCUTTA
In Appeal under Foreign Exchange Management Act
ORIGINAL SIDE
MONOTOSH SAHA
Versus
SPECIAL DIRECTOR ENFORCEMENT DIRECTORATE, FOREIGN EXCHANGE
MANAGEMENT ACT, NEW DELHI & ORS.
BEFORE:
The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA
The Hon'ble JUSTICE I. P. MUKERJI Date : 4th December, 2009.
The Court :- There will be an order in terms of prayer (a). The appeal will be heard out on the following substantial questions of law ;-
(a) Whether imposition of penalty based on statement made by one of the co-accused under Section 108 of Customs Act is correct or not ?
(b) Whether the statement of the co-accused without being subjected to cross-examination can be accepted as a substantive evidence as against another co-accused ?
Learned Additional Solicitor General submits that no coercive measure will be taken till the disposal of this appeal as revenue is amply secured. We are told by Mr. Mehta and Learned Additional Solicitor General that all papers in this application are there. Therefore, no need to file any formal paper book. All formalities are dispensed with.
2The application being GA 2171 of 2009 for granting of stay is disposed of. However, we record denial of the allegations on behalf of Union of India in the petition as no affidavit-in-opposition has been called upon to be filed.
This matter will appear fortnight hence for hearing. All parties are to act on a xerox signed copy of this order on the usual undertakings.
(KALYAN JYOTI SENGUPTA, J.) (I. P. MUKERJI, J.) GH.