GURBACHAN SINGH BHASIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 482 Cr. P. C. seeking quashing of Complaint. Case No. 498/1/1993 titled A. K. Narang, Enforcement directorate v. Rajindra Industries and Others, in so far as it concerns the petitioner.

(2.) THE main ground on which the above relief is sought is that in the independent adjudication proceedings under the Foreign exchange Regulation Act, 1973 (FERA), the petitioner has been exonerated by the appellate Board under the FERA, and that therefore the criminal proceedings against the petitioner cannot validly proceed. The allegation that the firm Rajindra Industries has failed to recover a sum of Rs. 38,71,920. 06 in respect of goods which were shipped under the cover of GRI Forms and without the due permission of the Reserve bank of India and thus has contravened sections 18 (2) and 18 (3) read with Section 68 (1) FERA.

(3.) SIMULTANEOUS with the filing of the complaint against the firm through its two partners including the Petitioner here on 30th October, 1993, the Enforcement Directorate also issued a show cause notice dated 25th August, 1993 for contravention of the very same provisions, i. e. , Sections 18 (2)read with 18 (3) and 68 (1) FERA. In the adjudication order dated 15th October, 1999, the Deputy Director of the Enforcement directorate disposed of the show cause notice by holding that the charge under Sections 18 (2) read with 18 (3) and 68 (1) FERA against the firm Rajindra Industries and the petitioner here stood established. However, the other partner Shri Ravinder Bir Singh bhasin had died, and therefore, the proceedings against him abated. Accordingly, a penalty of Rs. 10,00,000 was imposed against rajindra Industries and Rs. 5,00,000 against petitioner.