ALPHA COMMERCIALS Vs. M G ATTRI CHIEF ENFORCEMENT

JUDGEMENT

(1.) In these proceedings under Section 482 of the Code of Criminal Procedure, the petitioner company has sought for quashing of a complaint made by the respondent Enforcement Directorate for alleged commission of offences punishable under Section 56 of the Erstwhile Foreign Exchange Regulation Act.

(2.) The allegation against the petitioners was that it failed to comply with certain directives issued by the respondents on 22.6.2000 and 29.11.2000 under Section 33 (2) of the Act (hereafter ?FERA?). During the course of the proceedings, it transpired that the Enforcement Directorate took out independent proceedings and adjudicated on the allegations which were the subject matter of the notice under Section 33(2). The adjudication proceedings culminated in an order adverse to the petitioners; on 30.11.03 by the Special Directorate Enforcement. The petitioners were held guilty under Section 33 (2) and penalized in the sum of Rs.5,000/-.

(3.) It is contended that in the meanwhile the respondents had initiated proceedings which are the subject matter of the present Section 482 petition. The learned Additional Chief Metropolitan Magistrate took cognizance of the complaint and issued notice to the petitioners. The petitioners had appealed to the Appellate Authority in respect of the order in original dated 30.11.2003. The learned counsel submits that the Appellate Authority by its order dated 3.3.2004 allowed the appeal and set aside the adjudication order, which had held the petitioners guilty for contravention of Section 33(2); even the penalty was set aside.