Home Case Index All Cases FEMA FEMA + HC FEMA - 2012 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (5) TMI 251 - HIGH COURT OF DELHIFEMA - complaint filed by respondent No. 2/Enforcement Directorate under section 56 of the Foreign Exchange Regulation Act, 1973 (‘the FERA’) and sub-sections (3) and (4) of section 49 of the Foreign Exchange Management Act 1999 (‘the FEMA’), a disclosure was made by the then captain of South African Cricket Team, Mr. Hansie Cronje, to the effect that the one day international cricket matches played in India during the Seasons (1996-1997) between South Africa and India were heavily influenced through illegal betting, etc – Simultaneously, adjudication proceedings before the Enforcement Directorate were initiated against the petitioner under the said Acts. In the adjudication proceedings, an order dated 11-12-2003 was passed by the Special Director, Enforcement Directorate, imposing a penalty of Rs. 2 crores on the petitioner for acquisition of foreign exchange from the persons other than the authorized dealer and for making payment to persons residing outside India, without any previous general or special permission of the Reserve Bank of India, in contravention of sections 8(1) and (9)(1)(a) of the FERA – Held that:- it would be unjust for the departmental authority to continue with the criminal complaint, when in the course of adjudication, categorical and unambiguous findings have been returned that there is no contravention of the provisions of the Act, and when the concerned person has been exonerated, no useful purpose shall be served by proceeding further with the criminal complaint in the instant case and the respondent agency cannot be permitted to prosecute the petitioner, having failed to establish the foundational facts to justify his prosecution.
|