PRAKASH KUMAR SAHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY this petition under Section 482 Code of Criminal Procedure the Petitioner seeks quashing of the prosecution case initiated on a complaint filed by the Assistant Director, Enforcement Directorate, (FERA), Govt. of India.

(3.) THE accused, inter alia, submitted in his original application for quashing that there was no allegations against him, alleged confession was retracted and that the said confession was made under the coercion and pressure of the officers and under the compelling reasons because the accused -applicant had to go to attend the cremation. Along with the Supplementary Affidavit the order dated 7.12.2001 passed by the Special Director of Enforcement, Enforcement Directorate Govt. of India, New Delhi has also been pressed into service to contend the after making a detailed enquiry the concerned Spl. Director has recorded a positive finding that the Department/Prosecution has failed in proving violation of Section 8(1) of the FERA, 1973.