PETER SAMUEL WALLACE Vs. ASSISTANT DIRECTOR OF ENFORCEMENT

JUDGEMENT

(1.) Both these petitions are being decided together because both of them involve only one question of law as to whether Section 56 of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as 'FERA') is ultra vires Article 14 of the Constitution of India. Both these petitions were filed by the same petitioner and are against the respondent Assistant Director of Enforcement, New Delhi and judgment is being written in Criminal Misc. (Main) 713 of 1984. The petitioner is regional manager for India and Middle East of a foreign company known as "M/s European Research and Supply Corporation". He is residing at A-1/37, Safdarjung Enclave, New Delhi. His office is at Kamal Theatre building, Safdarjung Enclave, New Delhi.

(2.) On May 17, 1984 acting under Section 37 of FERA, the officers -of the Enforcement Directorate carried out searches of the residence as well as office of the petitioner. It is alleged by the Enforcement Directorate that several incriminating documents showing contravention by the petitioner of the provisions of Section 8(1), 9(1) and 27 of FERA were recovered as a result of those searches,

(3.) In June 1984 a complaint, was filed in the court of Addl. Chief Metropolitan Magistrate, New Delhi by Assistant Director of Enforcement under Section 56 of FERA for prosecuting and punishing the petitioner for contravention of the provisions of Section 80), 9(1) and 27 of FERA. In the said complaint full particulars of the contravention were mentioned.