TMI Blog1990 (8) TMI 288X X X X Extracts X X X X X X X X Extracts X X X X ..... ere confirmed by the IIIrd Addl. Sessions Judge, Ernakulam by judgment in Cri. Appeal No. 176 of 1988 which is challenged in this revision. 2. The allegation against the petitioner was that he failed to appear and to produce the documents summoned by the Enforcement Director, Trivandrum, which was in contravention of Section 40(3) made punishable under Section 56 of the Foreign Exchange Regulation Act (for short the Act). 3. Under Section 40(1) of the Act, any Gazetted Officer of Enforcement shall have power to summon any person whose attendance be considered necessary either to give evidence or to produce a document during the course of any investigation or proceeding under the Act . Under sub-section (3) of Section 40 : all person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Act [other than Sec. 13, Cl. (a) of sub-section (1) of Sec. 18, Cl. (a) of sub-section (1) of Sec. 19, sub-section (2) of Sec. 44 and Sections 57 and 58] or any rule, direction or order made thereunder, he shall upon conviction by Court, be punishable, (i) in the case of an offence the amount or value involved in which exceeds one Lakh of Rupees, with imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine : Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months. (ii) in any other case, with imprisonment for a term which may extend to three years or with fine or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be computed in terms of value or amount, to attract Section 56 of the Act. In terms Section 56 could not apply to a case coming under Section 40 of the Act. Indeed, if it is held otherwise, there is no doubt that the consequences would be serious. It will be possible for over zealous officers to institute ill-motivated and vindictive prosecutions to harass innocent persons. 7. It is one of the cardinal principles of interpretation that an intention to produce an unreasonable result is not to be imputed to a statute if there was some other construction available. Penal statutes must receive strict construction and as stated by Maxwell on Interpretation of Statutes : The court must always see that the person to be penalised comes, fair ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
