J. HANEEN Vs. CHIEF ENFORCEMENT OFFICER

JUDGEMENT

(1.) Petitioner/ accused has preferred the revision aggrieved against the conviction and sentence imposed in C.A. 108 of 1998 dated 31-3-1999 by the learned Principal Sessions Judge, Chennai, confirming the conviction and sentence imposed by the trial court convicting the petitioner for an offence under section 8(1) of Foreign Exchange Regulation Act ('the Act') and sentencing him to suffer rigorous imprisonment for 18 months and also to pay a fine of Rs. 7 lakhs in default to undergo rigorous imprisonment for one year.

(2.) The case in brief for the disposal of the revision is as follows : The officials from Enforcement Directorate proceeded to Airport on receipt of information i.e., on 19-8-1997 and as a result of the search of-the person and baggage of the accused, U.S. dollars 1,90,000 and other documents were seized under a cover of mahazar. The accused also gave a statement and he has violated the proviso of section 8(1) in having acquired U.S. dollars without the permission of the Reserve Bank of India. He was arrested and produced before the Court. The accused, a person in India, other than an authorised dealer in foreign exchange has contravened and violated the provisions of section 8(1).

(3.) On behalf of the prosecution, P. Ws. 1 to 5 were examined and Exs. P 1 to P 9 were marked. Exs. D 1 and D2 were marked on the side of the defence. The trial court found the accused guilty under section 8(1) read with section 56(1)(r), sentenced him to suffer rigorous imprisonment for 18 months and to pay a fine of Rs. 7 lakhs, in default, to suffer rigorous imprisonment for one year and the appeal filed by him was also dismissed and aggrieved against this, the revision has been filed.