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2023 (9) TMI 963 - BOMBAY HIGH COURTFugitive economic offender - requirements of section 297 of Cr.P.C. and the provisions of the Criminal Manual issued by the Bombay High Court complied with or not - HELD THAT:- The Deputy Director is very specific about his knowledge and it is mentioned in the verification that whatever was stated in the said application was true and correct to the best of his knowledge derived from the records. Section 297 of Cr.P.C. mentions that the deponent making the affidavit shall separately state such facts as he was able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the case of his belief, he has to state the grounds of such belief. In the present case, the verification mentions that the application is filed to the best of the deponent’s knowledge derived from the records. Section 21 of the FEO Act gives an overriding effect to the FEO Act and therefore even as per Section 5 of Cr.P.C. and also as per Section 21 of the FEO Act, the special procedure prescribed under the FEO Act will not get affected by any provision under Cr.P.C. All the requirements under Section 4 of the FEO Act and under Rule 3 of the FEO Rules are properly complied with in this case - there are no reason to interfere with the impugned order and hence the application is rejected.
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