MOHTESHAM MOHD. ISMAIL versus SPL. DIRECTOR, ENFORCEMENT DIRECTORATE AND ANR.

MOHTESHAM MOHD. ISMAIL versus SPL. DIRECTOR, ENFORCEMENT DIRECTORATE AND ANR.

Special Director, Enforcement Directorate was not expressly empowered by Central Government to prefer appeal; only Central Government or its specifically authorized officers can file appeal under Section 54 FERA; High Court erred in interfering with finding of Appellate Board and in ignoring evidentiary limitations of retracted confession.

Parties
Appellant: Mohtesham Mohd. Ismail; Respondent: Special Director, Enforcement Directorate; Respondent: Enforcement Directorate
Jurisdiction
India
Judgment Date
09 October 2007
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Maintainability of Appeal Under FERA, Authority to File Appeal, Evidentiary Value of Confession, Quasi Judicial Authority Powers
Criminal Law Administrative Law Financial Regulation Maintainability of Appeal Under FERA Authority to File Appeal Evidentiary Value of Confession Quasi Judicial Authority Powers

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Parties

Mohtesham Mohd. Ismail

Appellant

Special Director, Enforcement Directorate

Respondent

Enforcement Directorate

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether adjudicating authority under FERA can prefer appeal to High Court against Appellate Board's order
  2. 2 If retracted confession can be treated as substantive evidence

Ratio Decidendi

Special Director, Enforcement Directorate was not expressly empowered by Central Government to prefer appeal; only Central Government or its specifically authorized officers can file appeal under Section 54 FERA; High Court erred in interfering with finding of Appellate Board and in ignoring evidentiary limitations of retracted confession.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of High Court set aside
  • No order as to costs