ENFORCEMENT OFFICER Vs. MOHAMMED AKRAM

JUDGEMENT

(1.) Leave granted.

(2.) Notice was issued to the Respondent on 24.08.201 As service could not be effected in the normal course, by an order dated 08.05.2014, this Court directed the Appellant to take appropriate steps for effecting the service on the Respondent as per the procedure prescribed under Section 65 of Chapter VI of the Code of Criminal Procedure, 1973 (Cr. P.C.). As the Respondent could not be served, the Registry of this Court was directed to reissue summons to the Respondent which were to be served through the Special Court (Economic Offences), Bangalore, Karnataka. A report was received from the Special Court (Economic Offences), Bangalore that the Respondent was not available at the time when the Bailiff visited the last known address to serve the summons. Following the procedure prescribed in Section 65 Cr. P.C., the Bailiff affixed the summons on the door of the Respondent's house at his last known address. The Respondent is deemed to have been served. None appeared for the Respondent today.

(3.) The Assistant Director, Enforcement Directorate (FERA), Bangalore filed a complaint against the Respondent and two others for an offence punishable under Section 56 (1) (ii) of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as the `FERA 1973'). It was alleged in the complaint that M/s Pheroze Framrose, situated at Richmond Circle, Bangalore which was an authorised Money Changer, indulged in releasing substantial foreign exchange in contravention of the laws. Mr. Bom R. Munshi and Mr.Clarence Fernandes who were employees of M/s Pheroze Famrose, were summoned during the course of enquiry and they admitted that foreign exchange worth Rs. 50 crores was released on the basis of bogus documents by the Money Changer. Summons were issued under Section 40 of FERA on 210.1997 directing the Respondent and two others to appear before the Enforcement Officer, Bangalore on 24.10.1997. The Respondent and others failed to respond to the summons. As the Respondent and two others did not appear before the Enforcement Officer, CC No.86 of 1998 was filed before the Special Court (Economic Offences), Bangalore by the Assistant Director, Enforcement Directorate (FERA), Bangalore. The Respondent was represented in the said proceedings by an Advocate.