J JOSEPH Vs. A P NANDY

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1973(for short the Code), the petitioner prays for quashing of the criminal complaint Filed against him on 26/6/1985 under Section 56 of the Foreign Exchange Regulation Act, 1973(hereinafter referred to as the FERA), on the ground that more than 12 years have elapsed since the institution of the complaint and only one witness has been examined on behalf of the complainant so far as pre-charge evidence, thus infringing his right to speedy trial, flowing from Article 21 of the Constitution of India.

(2.) The allegations against the petitioner, as can be culled out from the complaint, are that during the course of search at his residential premises on 15/5/1985 by the officers of the Enforcement Dte, some incriminating documents were seized, which revealed that the petitioner had violated various provisions of the FERA inasmuch: (i) he had a right to receive from foreign principals in Saudi Arabia substantial amounts of foreign exchange in the years 1981-1985 but did not take any action to recover the same and the same remainednrealised, committing an offence under Section 16(1) of the FERA; (ii) made payments of substantial sums of money for the purchase of air tickets in the years 1980-85 to persons resident in India on behalf of his Saudi Arabia based foreign principals without any general or special exemption from the Reserve Bank of India, thus violating Section 9(1) (d) of the FERA;(iii)had made payments totalling Rs.l lakh to two non-residents .during March/April 1985 without the general or special exemption of the Reserve Bank of India, contravening the provisions of Section 9(l)(a) of FERA; (iv) stood as surety for a sum of Rs.32,100.00 for two Saudi nationals without the general or special permission of the Central Government or the Reserve Bank of India, contravening the provisions of Section 26(ii) of the FERA,(v) made cash payment amounting to Rs.32,580.00 on behalf of a person resident outside India without seeking permission from the Reserve Bank of India, contravening the provisions of Section 9(l)(d) of FERA and acquired foreign exchange of US $ 10, UK Pound Sterling 12, Saudi Riyals 306, Ceylon's Rs.l5, Sveriges Riks Bank Kroner 15 and UAE Dirham I but failed to offer the same for sale to an authorised dealer without the permission of the Reserve Bank of India, thus contravening the provisions of Section 14 of FERA.

(3.) Accordingly, the complaint in question was filed against the petitioner on 26/6/1986. The learned Additional Chief Metropolitan Magistrate took cognizance of the offence on 21/7/1986 and issued production warrants for the petitioner's appearance on 29/7/1986. The petitioner was produced in Court on the said date and was sent to judicial custody, where he remained till 5/9/1986, on which date he was admitted to bail. Thereafter till the filing of this petition on 23 September 1987, only one witness was partly examined by the prosecution. Hence the present petition.