CHIEF ENFORCEMENT OFFICER Vs. D UTTAMCHAND JAIN

JUDGEMENT

(1.) THE criminal appeal has been preferred by the appellant/complainant against the acquittal recorded by the learned Additional Chief Judicial Magistrate, Madurai in CC No. 10 of 2002, dated 25.2.2003.

(2.) THE case was filed against the respondent/accused for the alleged offence punishable under Sections 9( 1 ) (b) and 9( 1 )(d)of Foreign Exchange Regulation Act, 1973.

(3.) LEARNED Special Public Prosecutor appearing for the appellant has not disputed the fact that though the appellant/complainant filed the complaint stating that the respondent/accused had committed violation of the Act, to the tune of Rs. 7 crore, there was no supporting material to establish the allegation that the respondent/accused had committed any violation under the (FERA) Act to the tune of Rs.7 crore. Admittedly, no amount was seized from the respondent herein. LEARNED Special Public Prosecutor appearing for the appellant submitted that the respondent had given a confession statement before the appellant, which is an admissible piece of evidence.