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2017 (7) TMI 1455
Prosecution under FERA - Acquirng foreign exchange without previous general or special permission from RBI from persons not being authorised dealers in foreign exchange and deposited the amounts in a bank account outside India - As decided by HC [ 2017 (2) TMI 518 - MADRAS HIGH COURT]contention of the respondent that he is not the citizen of India and he will not come under the purview of FERA is not at all acceptable - Also there are so many incriminating materials available to presume that the respondent would have committed the offences and he is liable to be charged under Sections 8(1) and 9(1)(a) of FERA, 1973
HELD THAT:- No ground to interfere with the impugned order. The special leave petitions are, accordingly, dismissed.
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2017 (7) TMI 1017
Contravention of certain provisions of Foreign Exchange Regulation Act, 1973 - Held that:- It is of conscious of the fact that by this order, the petitioner should not take advantage and protract the proceedings. Likewise by rejecting this petition, I am of the considered view that it would amount to denial of a reasonable opportunity of argument since framing of charges is an important event in the trial of warrant cases. In order to strike the balance between the prosecution's objections and the petitioner's request, it would be appropriate to direct the Court below to grant one day time for the petitioner to put forth his arguments with regard to framing of charges.
In the result, the charges framed on the file of the learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai is set aside. The petitioner is permitted to put forth his arguments on the charges framed in the said case. Such an exercise shall be completed within one working day and such date shall be fixed by the learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai on or before 31.07.2017. It is made clear that I have not expressed any of my views with regard to the merits of the petitioner's case and it is open to the learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai to frame charges against the petitioner, if such arguments are not advanced on the stipulated date.
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2017 (7) TMI 312
Penalties on account of violation of Sections 9(1)(b) and (d), Section 68(1), Section 64(2) and 63 of FERA - Whether the show cause notice is void being received by appellant after the sun set period? - Whether the statements given under section 108 of the Customs Act can be used as evidence against the accused?
Held that:- The new law (FEMA) continues to govern action vis-à-vis all offences under the repealed law (FERA) in accordance with the provisions of the latter, the only restriction being that notice of contravention under Section 51 of FERA had to be taken by the adjudicating officer before the expiry of two years from the date of commencement of FEMA – that is to say, by 31.05.2002. Since the show cause notice in the present case was issued by the adjudicating authority on 31.05.2002 which would be within the sunset clause under FEMA, its validity cannot be questioned, the fact that such show cause notice was served only in 2003 being inconsequential. Since the action was initiated within the period provided in law, delay (if any) in relation to the directions in the order of CEGAT would not render it bad.
In the present case, noticeably, the statements under Section 108 of the Customs Act have been taken note of by the authorities below for recording re-assurance on the ground the same corroborated the main incriminating circumstances, the same being seizure of unaccounted money and incriminating documents showing the infringing activity.
The submissions that the order of the Customs authorities has been set aside by CEGAT takes the appellants nowhere. The said order only brought to an end the proceedings taken out under the Customs Act. The said result can have no effect on proceedings taken out under FERA, its provisions being distinct from those of the Customs Act.
The questions of law raised in this appeal, thus, are answered against the appellants.
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2017 (7) TMI 73
Detention orders - Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short “COFEPOSA Act”) against the husband of the petitioner - Held that:- We have discussed the role and position of the detenue in the smuggling ring. The detenue was not a mere carrier and was in-charge of the Delhi operations of the racket as the kingpin Sh.Narendra Kumar Jain was based in Guwahati. It is clear that the activities of the detenue were of a serious nature and perpetrated with a great deal of expertise and coordination. The activities were of a massive scale and had been continuing for about two years. This had led to the detaining authority satisfying itself about the propensity and potentiality of the detenue to further indulge in such activities. Hence, it is clear that the ordinary law of the land was insufficient to curtail the activities of the detenue and the resort to the law of preventive detention was justified.
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