M.C.SALIM KHAN Vs. THE ENFORCEMENT OFFICER

JUDGEMENT

(1.) The revision petitioner herein is the sole accused in C.C No.10/1994 of the Additional Chief Judicial Magistrate Court (Economic Offences) Ernakulam. He faced prosecution in the court below under Section 56 of the Foreign Exchange Regulation Act (for short 'FERA'), on the allegation that when he landed at the International Airport, Thiruvananthapuram on 26.7.1991, he was found possessing un-exchanged 130 Kuwait Dinar and 100 U.S Dollars. He was arrested on the spot by the officers of the Enforcement Directorate at the airport and prosecution was initiated against him. In the complaint filed by the Enforcement Officer of the FERA at Thykkadu, Thiruvananthapuram, the complainant alleged violation of Sections 8(1) & (2) and also Section 9 (1) (a) of the FERA.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against him. The prosecution examined six witnesses and proved Exts.P1 to P12documents in the trial court. The un- exchanged foreign currency found in the possession of the accused were seized by the Enforcement Officers as per a mahazar and parallel proceeding under the FERA was initiated as regards the foreign currency. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances. However, he did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo imprisonment till rising of the court and to pay a fine of 50,000/- by judgment dated 18.3.2004. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Ernakulam with Crl.A 357/2004. In appeal, the learned Vth Additional Sessions Judge, Ernakulam confirmed the conviction and sentence, and accordingly dismissed the appeal. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.