LAWS(DLH)-2006-3-202

N K SHARNE Vs. ENFORCEMENT DIRECTORATE

Decided On March 09, 2006
N.K.SHARNE Appellant
V/S
ENFORCEMENT DIRECTORATE Respondents

JUDGEMENT

(1.) The revision petition under Section 397 read with Section 482, Cr.P.C. is directed against order dated 3.1.2004 passed by the learned ACMM, Delhi in complaint case No. 627/1/02 under Section 57, FERA.

(2.) Prosecution allegations are that petitioner is a Canadian national. He came to India in the year 1987. Some foreign exchange was recovered from him and vide adjudication order dated 24.2.1993, penalty of Rs. 1,50,000/- was imposed on petitioner which was required to be deposited within 45 days. Petitioner failed to deposit the said amount. The adjudication order could not be served on the petitioner through post and the same was served on 11.2.2002 by affixation at petitioner's last known address in India. The complaint was filed on 18.5.2002 under Section 57 of FERA for non-payment of penalty.

(3.) Learned Counsel submits that petitioner did not know about the penalty. He came to know about the same from his brother only when the order was affixed on 11.2.2002. Thereafter, petitioner's brother deposited the penalty on 6.6.2002 vide demand draft. In the meantime, complaint was already filed on 18.5.2002. Learned Counsel argued that non-deposit of the penalty within 45 days of the service of the order was neither intentional nor wilful but for the reasons beyond his control and further submits that petitioner is ready and willing to deposit any further penalty for not depositing the penalty amount within the prescribed time. Learned Counsel for the respondent, on instructions, does not contest the factual position that service of the order effected by affixation on 11.2.2002 and penalty was deposited on 6.6.2002 and that complaint was filed after the expiry of 45 days i.e. on 18.5.2002.