MOHD ARIF SEIKH 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. Usman. 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 US Dollars 1300, Pak Rs.19/ -, Thai Bhats 100 and Rs.3,000/ - were recovered which were found stitched in a blue coat recovered from the suit case of the petitioner. The said currency was seized. It was revealed that US Dollars were purchased by Mohd. Usman for the petitioner from a person other than an authorized dealer at an unofficial rate of Rs.16.55 per dollar and Pak currency at Rs.100/ - per Pak Rs.110/ -. The petitioner admitted that he had given Rs.15,000/ - to Mohd. Usman for purchasing 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. Usman. Charge under Section 56 was framed against the petitioner. The petitioner pleaded not guilty to the charge framed.