TMI Blog2011 (7) TMI 1291X X X X Extracts X X X X X X X X Extracts X X X X ..... ormation that M/s. Pheroze Framrose, a firm situated in Richmond Circle, is engaged in releasing substantial foreign exchange unauthorisedly by floating the norms and guidelines prescribed by the RBI and in these circumstances, an investigation was being held and the presence of the Respondents and other accused was necessary and thereby the complainant had issued the summons to the Respondent bearing No. T-3/282/FE/BAN/97 dated 23-10-1997 under Section 40 of FERA directing the Respondent and other accused to appear on 24-10-1997 before the Enforcement Officer, Bangalore, An official of the complainant was deputed for personal service of the summons on the accused at their last known address and as the premises was locked and the accused wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 of FERA, it provides the authority to issue summons to the persons and produce documents. So whenever any Gazetted Officer of the Enforcement Directorate considers it necessary either to give evidence or produce a document, he can issue the summons to the person for his appearance. So in the present case on hand, summons was issued to the Respondent herein to appear before the complainant for the purpose of investigation. Now, as could be seen from Rule 3 of the Foreign Exchange Regulation Rules, 1974, (hereinafter called as 'FERR' for short) it prescribes the procedure as to how summons has to be served upon a witness or an accused. For the sake of convenience, the relevant portion of Rule 3 is extracted hereunder: 3. Servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other than Section 13, Clause (a) of Sub-section (1) of (Section 18. Section 18-A), Clause (a) of Sub-section (1) of Section 19, Sub-section (2) of Section 44 and Sections 57 and 58), or any rule. direction or order made thereunder, he shall, upon conviction by a 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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