PRAKASH CHAND YADAV Vs. ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) Challenging an order dated 15th October 1996 passed by the Additional Chief Metropolitan Magistrate (ACMM), Delhi taking cognizance of the offence under Section 40 of the Foreign Exchange Regulation Act, 1973 (FERA) in the Complaint Case titled Enforcement v. Parkash Chand Yadav, the Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). The petition also challenges an order dated 20th September 2006 passed by the Additional Sessions Judge (ASJ), Delhi by which Criminal Revision No. 85 of 2005 filed by the Petitioner against an order dated 2nd June 2005 passed by the learned ACMM framing the charge against the Petitioner for the offence under Section 40 FERA was upheld. Thirdly, the Petitioner also seeks the quashing of the aforementioned Complaint Case (renumbered as No. 4/1 of 2001).

(2.) The Petitioner was arrested by the Central Bureau of Investigation in connection with the urea scam case on 18th June 1996. Subsequently he was granted bail and released on 18th September 1996. During this period he was interrogated thrice.

(3.) The Enforcement Directorate which was examining the case for violations of the FERA issued a notice on 18th September 1996 to the Petitioner requiring his appearance at its on 25th September 1996. This notice was sent to the Petitioner at his address at 9, Pandit Pant Marg, New Delhi. The report of the process server in regard to the service of this notice reads as under: