OM PRAKASH KULTIA Vs. CHIEF ENFORCEMENT OFFICER HYDERABAD

JUDGEMENT

(1.) This revision is directed against the judgment and sentence passed in Cri. Appeal No. 80 of 1997 on the file of the Special Judge for Economic Offences, Hyderabad.

(2.) The accused was found guilty of the offence punishable under Section 56(1)(i) of Foreign Exchange Regulation Act, 1973 (for short the 'Act'). He was sentenced to undergo R. I. for one year and to pay a fine of Rs. 2,000.00, in default, to suffer S. I. for three months. The period of sentence already undergone was set off by application of Section 428, Cr. P.C. Hence the revision.

(3.) The story of the prosecution briefly stated is as follows :The Police Officer along with Special Team, South Zone, Hyderabad, after receiving reliable information on 17-5-1986 at about 4.30 hours, under the supervision of Deputy Commissioner of Police, proceeded towards Meer Ka Diara and found one white Fiat Car coming fast towards Hari Bowli. The Police chased and intercepted it at Hari Bowli cross roads. They found the accused in the front seat carrying a black briefcase. There were other four persons in the car. The briefcase, on verification, was found containing $ 1,20,200/- (American) and Indian currency in an amount of Rs. 6,459.00. It is stated that on interrogation the accused confessed that he was dealing with foreign exchange along with other four persons, found in the car. Currency panchanama was prepared and a case was registered. It was entrusted to Enforcement Directorate for further investigation. The Enforcement Officer recorded the statement of the accused under Section 40 of the Act on the same date. Adjudication proceedings were initiated under Section 51 of the Act. Show cause notice was also issued to the accused and four others for acquisition of foreign currency without previous general or special permission of the Reserve Bank of India. They were found guilty for contravening the provisions of Section 8(1) read with 65(2) of the Act and the accused was imposed penalty of a sum of Rs. 5 lakhs and the foreign currency of US $ 1,20,200/- was confiscated to the Central Government. Aggrieved by the said order, this appeal has been filed.