ANILKUMAR AGGARWAL Vs. K C BABU

JUDGEMENT

(1.) The petitioner is being prosecuted in C.C. No. 153 of 2002 on the file of the Special Judge for Economic offences, at Hyderabad, for certain offences under the provisions of the Foreign Exchange Regulation Act, 1973 (for short 'the Act'). He filed Crl. M.P. No. 2606 of 2002 under Section 245, Cr. P.C. to discharge him.

(2.) The case as pleaded by the petitioner before the trial Court was as under :- On the basis of certain information said to have been received by them, the Enforcement Directorate, Government of India, have initiated enquiry under Section 51 of the Act. The enquiry under Section 51 is quasi-judicial in nature and on recording a finding, the adjudicating Officer is empowered to impose the penalty provided for under Section 50 of the Act. Obviously with a view to save the proceedings from limitation stipulated under the Foreign Exchange Management Act (FEMA), they have initiated prosecution under Section 56 of the Act. Further, it was not competent for the Enforcement Directorate to launch prosecution unless the proceedings under Section 51 of the Act have reached to finality. Submissions were also made touching on the merits of the matter with reference to certain statements said to have been recorded by the petitioner and certain other persons.

(3.) The trial Court, through its order dated 5-11-2002, rejected the application.