MUSTAFA AHEMAD AIVI Vs. STATE OF A P

JUDGEMENT

(1.) THE petitioners, who were accused in c. C. No. 28 of 1995 before the Special Judge for Economic Offences, Hyderabad, have been convicted for the offences under sections 9 (1) (b) and Section 9 (1) (d) of Foreign exchange Regulation Act, 1973 (for short 'the act' ). On both counts, they were sentenced to undergo rigorous imprisonmentfor a period of one year and had also been fined Rs. 1,000/-; in default of payment of fine, they had to undergo simple imprisonmentfortwo months on each count. The sentences of imprisonment hadto run concurrently. In appeal, the appellate court confirmed the conviction and sentence. Therefore, this revision has been filed.

(2.) THE facts leading to filing of the complaint as narrated in the judgments of Courts below are that the enforcement Officer filed private complaint against A-1 to A-3 for having committed the offences undersections 9 (1) (b), 9 (1) (d) and 9 (3) of he Act, punishable under section 56 (1) (i) of the Act. The complaint reveal that the Hyderabad branch of enforcement Directorate received credible information that the accused were indulging in the business of receiving foreign currencies and making payments in India under the instructions of a person at United States of america. On receiving this information, the officers of the Enforcement Directorate searched the residential premises of the father of A-1 and A-2 namely Syed. Mohammed Idris alvi on 27-08-1994 in the presence of mediators. Thesearch resulted ihseizure of Indian currency of Rs. 30,000/- and bunch of loose sheets and one note book containing 16 pages. On the same day, the officers also searched the factory premises of M/s. H. P. Confectionery (P) Ltd, Saidabad, which resulted in the seizure of a bunch of documents. On the same day the officers also searched the residential premises of one Md. Anwar Ahmed Alivi at Masab Tank, which resulted in seizure of pocket telephone index containing 28 pages. On 31-02-1994, officers of the Enforcement Directorate searched the houses of A-3 situated at chandrayanagutta, Hyderabad, which resulted in the seizure of address book containing 45 pages. Subsequently, the officers of the enforcement Directorate recorded the statements of A-1 and A-2 along with their father Syed. Mohammed Idris Alvi and Md. Anwar Ahmed Alvi under Section 40 of the Act. The statement of A-3 was also recorded with reference to the documents. On the basis of the statements made by A-1 to A-3 and on the basis of the recoveries, the complaint was filed.

(3.) CHARGES were framed by the trial court. A-1 to A-3 were charged separately. A-1 was charged with an accusation that he had received payments totaling to rs. 87,80,000/- during the period from december 1993 to August 1994 for having remitted/caused to be remitted to the Foreign exchange totaling to US $ 2,10,000/- from usa into India during the period from December 1992 to December 1993.