ITTY Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) Petitioner, the accused in C.C No. 129 of 1986 of the Additional Chief Judicial Magistrate, Economic Offences, Ernakulam, was found guilty under S.56(i)(ii) read with S.40(1) of the Foreign Exchange Regulation Act, convicted and sentenced to suffer rigorous imprisonment for four months and to pay a fine of Rs. 3000/- in default to rigorous imprisonment for two months. The conviction and sentence were confirmed by the IIIrd Additional Sessions Judge, Ernakulam, by judgment in Crl. Appeal No. 176 of 1988 which is challenged in this revision.

(2.) The allegation against the petitioner was that he failed to appear and to produce the documents summoned by the Enforcement Director Trivandrum, which was in contravention of S.40(3) made punishable under S.56 of the Foreign Exchange Regulation Act (for short the Act).

(3.) Under S.40(1) of the Act, "any gazetted officer of Enforcement shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document during the course of any investigation or proceeding under this Act". Under sub-section (3) of S.40: