S G CHANDRA Vs. ENFORCEMENT OFFICER E D

JUDGEMENT

(1.) THIS petition, by the accused, filed under Section 482, Cr. P. C. is for quashing the entire proceedings in CC No. 147/2000, on the file of the Special Court for economic Offences, Bangalore, wherein the learned Magistrate had taken cognizance of the case against the accused for contravening of Sections 18 (2) r/w 18 (3) and 68 (1) of foreign Exchange Regulations Act, which is punishable under Section 56 (1) (i) of the said act, challenging the legality and validity of the proceedings.

(2.) THE Court has heard the arguments of Sri Kiran S. Javali, the learned counsel on behalf of the accused, and Sri Vishwanath shendge, the learned Central Government. standing counsel on behalf of the Complainant.

(3.) THE learned counsel for the accused strenuously contended that the material on record clearly shows that the order impugned is illegal and improper. There were absolutely no grounds for the learned Magistrate to take cognizance of the case and issue process to the accused. The learned counsel also contends that the main grouse of the Complainant is that the accused has contravened the said provisions of law and on 30-3-2004, the Director of Enforcement directorate had imposed penalty of Rs. 6 lakhs against the accused and that order had been challenged by the accused before the Appellate Tribunal, Foreign Exchange, and the said order had been set aside and the appeal came to be allowed. The resultant position is that there is no imposition of fine of Rs. 6 lakhs against the accused. Such being the case there was no contravention of the said provisions of law. The learned counsel relies upon the following decisions in support of his contentions :