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Nitya Nand Chaubey Versus State of U.P. & Another

2016 (6) TMI 263 - ALLAHABAD HIGH COURT

Seeking grant of bail - Seizure of illegally imported foreign currencies - Prohibited goods - Held that:- appointment of franchisee has not been made by the order of the Reserve Bank of India. There is only authorization letter issued by the AFPL. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the stand taken by Obeda Khan, Irfan and Laeek, the provisions of the Customs Act and FEM .....

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Varanasi. Heard Shri Dilip Kumar, learned counsel for the applicant and Shri Sanjay Kumar Singh, learned counsel for the opposite party no.2 -Customs Department as well as the learned AGA appearing for the State at length and perused the entire record. It is submitted by the learned counsel for the applicant that the applicant was working as agent of the franchisee of the Ambey Forex Private Limited (in short ' the AFPL') dealing with sale and purchase of foreign currency. It is further .....

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were found from the possession of the accused. It is submitted that the foreign currencies, said to have been recovered from the vehicle in question, were belonging to AFPL, which were collected by the applicant for depositing the same in H.D.F.C. Bank. It is further submitted that the said currencies were purchased from Obeda Khan, Irfan and Laeek. It is further submitted that as per the appointment made by the Company, the applicant has authority to purchase the foreign currency on behalf of .....

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t the 'FEMA'). Learned counsel for the applicant at this stage referred to the provisions of Sections 2, 11, 11-A, 104, 110, 111, 132, 135 of the Customs Act and also the relevant provisions of the FEMA. It is further submitted that there was no requirement to obtain fresh sanction of the Reserve Bank of India to appoint franchisee as the formalities required under the guidelines laid-down by the R.B.I. have been fulfilled and information has been given, hence, the possession of the fore .....

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d by the department is against the provisions of law. Arrest of the applicant is also illegal. Time-to-time during interrogation before arrest the applicant had requested the department for information about the illegality said to have been committed by the applicant but no information has been given by the department. The order passed by the court below rejecting the bail application of the applicant is illegal and without application of judicial mind. In conclusion, it is urged that a prima fa .....

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vehemently opposing the prayer for bail submitted that it is a case of smuggling of the currencies under the umbrella of AFPL. Letter regarding appointment of franchisee has no legal sanctity as it was not issued by the Reserve Bank of India. It is mere an authority issued by the AFPL. The applicant was not authorized to purchase the foreign currencies on behalf of the AFPL. It is further submitted that the applicant has not given details of the person from whom the said foreign currencies, reco .....

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