MOHD USMAN Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by the judgment of conviction dated 01.12.2006 and order on sentence dated 08.12.2006 passed by the learned Additional Chief Metropolitan Magistrate, awarding the sentence to the petitioner to undergo rigorous imprisonment for a period of six months and fine of Rs.10,000/ - for offence under Section 56 of the Foreign Exchange Regulation Act (FERA) and upholding the judgment of conviction and sentence by the learned Additional Sessions Judge vide judgment dated 24.07.2007, the present revision petition has been filed by the petitioner.

(2.) FACTUAL matrix, as emerges from the record, is that Sh. Balkar Singh, Assistant Director, Enforcement Directorate filed a complaint under Section 56 of the FERA against the petitioner and another accused Mohd. Arif Sheikh. It was alleged that on 05.01.1988, the petitioner was personally searched outside the entry gate of Departure Wing of Indira Gandhi International Airport during which Pak Rs.2250/ - were recovered from the socks worn on left foot of the petitioner. The said currency was seized. Coaccused Mohd. Arif Sheikh admitted that he had given Rs.15,000/ - to the petitioner for purchasing US Dollars for him. After holding adjudication proceedings, a penalty of Rs.7,000/ - was imposed upon the petitioner which he had deposited. The petitioner had failed to furnish the permission of Reserve Bank of India regarding acquisition and source of purchase of foreign exchange from a person not being an authorized dealer at the prevailing rates prescribed by the RBI.

(3.) ON completion of investigation, complaint under Section 56 of the FERA was filed against the petitioner and co -accused Mohd. Arif Sheikh. Charge under Section 56 was framed against the petitioner.