ENFORCEMENT DIRECTORATE Vs. NEMI CHAND JAIN@ CHANDRASWAMI

JUDGEMENT

(1.) This is a petition under Section 482 Cr. P. C. filed by the Enforcement Directorate against the order dated 8.10.2008, by virtue of which the complaint filed by the petitioner under Section 56 of the Foreign Exchange Regulation Act (hereinafter referred to as 'FERA') [since repealed] against the respondent has been dismissed.

(2.) Briefly stated, the facts of the case are that the Enforcement Directorate (Foreign Exchange Regulation Act), Ministry of Finance, Government of India, New Delhi (hereinafter referred to as the petitioner) filed a complaint against the respondent under Section 56 of FERA, holding that 10 summons were sent to the respondent, requiring him to appear before the petitioner for the purpose of interrogation. All these notices were duly served on the respondent, but every time respondent sent a request, in writing, raising one plea or the other for his non-appearance. The pleas, which were raised by the respondent for his non-appearance before the concerned officer, were back injury, Maunvrata, religious ceremonies, high blood pressure and various other reasons. It has been alleged in the complaint that the respondent was deliberately avoiding the appearance before the petitioner to avoid interrogation and accordingly, it constituted an offence under Section 56 of FERA. It may be pertinent to mention here that all these summons were issued under Section 40 of FERA.

(3.) For reference, both Sections 40 and 56 are reproduced as under:-