AMEER DEEN HABIB Vs. ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) Mohd. Ameer Deen Habib (hereinafter referred to as Ameer) and S.S.O. Seyed Arif (hereinafter called Arif) are Indian citizens though presently residing in Dubai. Both are facing arrest in a complaint pending in Delhi under sections 8(1), 8(2) read with section 14 of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as FERA) read with Central Government Notification No. F-1/3/73 dated 15.6.1977 and in yet another complaint pending in Mumbai for non-compliance of summons issued under section 40 of the FERA, 1973. As far as Ameer is concerned, besides the two matters noticed above, he is wanted in yet another complaint which is under section 61(2)(ii) read with section 56 of the FERA, 1973. He is also an accused in what is now known as "Hawala case" pertaining to First Information Report No. RC1(A)/95 ACU (VI) dated 4.3.1995. It is pending before the learned Special Judge Delhi. In all the matters noticed above, non-bailable warrants stand issued.

(2.) Through this petition moved under section 438 of the Code of Criminal Procedure, both the petitioners are seeking anticipatory bail.

(3.) Though the arguments bordered, if I may say so with respect, extravagant prolixity I feel I should rather first cut into the flesh of the cases being faced by the petitioners. This would provide the necessary backdrop.