Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1977

Supreme Court of India · 1977-02-09

UNION OF INDIA AND ANOTHER vs VIJAY CHAND JAIN

Citation / case number
SC 1968/60240
Court
Supreme Court of India
Petitioner
UNION OF INDIA AND ANOTHER
Respondent
VIJAY CHAND JAIN
Author
A.C. GUPTA
Bench
A.C. GUPTA

Judgment text excerpt

The Supreme Court held that under Section 23(1B) of the Foreign Exchange Regulation Act, 1947, the term 'in respect of' encompasses the sale proceeds of foreign currency, allowing for confiscation of Indian currency derived from such sales. The Court found that the High Court erred in ruling that the Director of Enforcement lacked the authority to confiscate the Indian currency, emphasizing that the legislative intent includes any property connected to the contravention. Consequently, the Court allowed the appeal and upheld the confiscation order.

UNION OF INDIA AND ANOTHER vs VIJAY CHAND JAIN · Niyam