REGENT COMPUTRONICS PVT. LTD.

DIRECTORATE OF ENFORCEMENT Appellant

V/S

DEEPAK MAHAJAN Respondents

Referred Judgements :-

M P SHARMA OTHERS VS. SATISH CHANDRA DISTRICT MAGISTRATE DELHI [DISTINGUISHED]
H N RISHBUD VS. STATE OF DELHI [RELIED ON]
BHIM SEN VS. STATE OF UTTAR PRADESH [RELIED ON]
STATE OF MADHYA PRADESH VS. MUBARAK ALI [RELIED ON]
STATE OF UTTAR PRADESH VS. DEOMAN UPADHYAYA [DISTINGUISHED]
RAJA NARAYANLAL BANSILAL VS. MANECK PHIROZ MISTRY [DISTINGUISHED]
M PENTIAH VS. MUDDALA VEERAMALLAPPA [REFERRED TO]
DELHI ADMINISTRATION VS. RAM SINGH [RELIED ON]
STATE OF BOMBAY VS. KATHI KALU OGHAD [DISTINGUISHED]
STATE OF PUNJAB VS. BARKAT RAM [DISTINGUISHED]
BADAKU JOTI SVANT ATTORNEY GENERAL OF INDIA INTERVENER VS. STATE OF MYSORE [DISTINGUISHED]
CHANDRA MOHAN VS. STATE OF UTTAR PRADESH [REFERRED TO]
ILLIAS VS. COLLECTOR OF CUSTOMS MADRAS [DISTINGUISHED]
RAMESH CHANDRA MEHTA DATTATRAYA WAMAN CHITNIS FATAKIA PUNAMCHAND RAMLALJI PUNAMCHAND RAMLALJI VS. STATE OF WEST BENGAL :H R SIYAM ASSISTANT COLLECTOR OF CUSTOMS BOMBAY:K K GANGULI ASSTT COLLECTOR OF CUSTOMS BOMBAY :DADY ADAVJI AMPTJER :V R R GAMES ASSISTANT COLLATOR OF CUSTOMS BOMBAY [DISTINGUISHED]
A LAKSHMANARAO VS. JUDICIAL MAGISTRATE FIRST GLASS PARVATIPURAM [REFERRED TO]
PERCY RUSTOMJI BASTA VS. STATE OF MAHARASHTRA [DISTINGUISHED]
GOURI SHANKAR JHA VS. STATE OF BIHAR [REFERRED TO]
RAMANLALBHOGILAL SHAH VS. D K GUHA [DISTINGUISHED]
MATABAR PARIDA BISNU CHARAN PARIDA BATAKRUSHNA PARIDA BABAJI PARIDA VS. STATE OF ORISSA [REFERRED TO]
VEERA IBRAHIM VS. STATE OF MAHARASHTRA [DISTINGUISHED]
CHAIRMAN BOARD OF MINING EXAMINATION AND CHIEF INSPECTOR OF MINES VS. RAMJEE [REFERRED TO]
BANGALORE WATER SUPPLY AND SEWERAGE BOARD VS. A.RAJAPPA [REFERRED TO]
NANDINISATPATHY VS. P L DANI [DISTINGUISHED]
HUSSAINARA KHATOON 1 VS. HOME SECRETARY STATE OF BIHAR [RELIED ON]
ORGANO CHEMICAL INDUSTRIES VS. UNION OF INDIA [REFERRED TO]
NIRANJAN SINGH VS. PRABHAKAR RAJARAM KHAROTE [RELIED ON]
GURBAKSH SINGHSIBBIA SARBAJIT SINGH VS. STATE OF PUNJAB [RELIED ON]
KHATRI II VS. STATE OF BIHAR [RELIED ON]
VISHWA MITTER OF VIJAY BHARAT CIGARETTE STORES DALHOUSTE ROAD PATHANKOT VS. O P PODDAR [RELIED ON]
A R ANTULAY VS. RAMDAS SRINIWAS NAYAK [RELIED ON]
CHAGANTI SATYANARAYANA VS. STATE OF ANDHRA PRADESH [REFERRED TO]
POOLPANDI VS. SUPERINTENDENT CENTRAL EXCISE [DISTINGUISHED]

JUDGEMENT

(1.) THE salient and indeed substantial legal question which looms for determination in this appeal may be formulated as follows:-

(2.) AS a preclude to the judgment, we would like to state that though the appellant in the present case has been arrested under sub-section (1) of S. 35 of Foreign Exchange Regulation Act, 1973 (hereinafter referred to as the 'FERA') and taken to the Magistrate under sub-section (2) thereof, we while disposing the legal questions posed for determination, are inclined to deal with the corresponding provisions under the Customs Act also for the reasons -(i) that the scheme for both the FERA and the Customs Act is more or less the same; (ii) the provisions relating to the arrest and production of the arrestee before the Magistrate are identical; (iii) the arguments by both the parties have been advanced pertaining to provisions of both the Acts; and (iv) almost all the decisions cited relate to the provisions of both the Acts.

(3.) THOUGH normally, it may not be necessary to make any reference about the constitution of a particular Bench which is the prerogative right of the Chief Justice of the High Court concerned, yet regrettably in this case, it has become unavoidable to make reference concerning the constitution of the Bench since during the course of the arguments, a diatribe, though not justifiable was made about the formation of the Bench, presided over by Charanjit Talwar, J. who gave a dissenting judgment in the case of O. P. Gupta ((1990) 2 DL 23 (FB)).

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DIRECTORATE OF ENFORCEMENT Vs. DEEPAK MAHAJAN

Referred Judgements :-

JUDGEMENT

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