RAJ KUMAR ALIASRATNESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THREE persons, namely, Ajay Kumar, Raj Kumar and Ravindra Kumar Jain have moves separate applications under Section 439 Cr. P. C. for grant/of bail. They have been detained under the provisions of Foreign Exchange Regulations Act,1973 (hereinafter referred to as the FERA) the facts which have come out are that on 1. 7. 1990 Ajay Kumar and Ravindra Kumar who/belong to Delhi came to Churu in Rajasthan and stayed with the third accused Raj Kumar @ Ratnesh. On the next day i. e. on 2nd July,1990 all the three were in Maruti car No. DDD 5372 when the police stopped them and conducted a search. Traveller cheques, currency of other countries and Rs. 67,000/- in Indian currency were recovered from persons. The details of the amount from the each person has been separately noted. Those persons were arrested and case was under the FERA the accused were handed over to the Director of Enforcement, who started investigation in the case. These petitioners moved applications for grant of bail before the Sessions Judge, Jaipur City, Jaipur and their bail applications were refused. Hence they have approached this Court.

(2.) THE main contention of the learned counsel for the petitioners is that under Section 56 of the FERA the maximum punishment is 7 years and in cases where the amount recovered is less than Rs. 1,00,000/- the punishment prescribed is 3 years and offences punishable upto 3 years are bailable according to he Schedule to the Code of criminal procedure. It is contended that investigation and trial will take time and the petitioners are not required for any interrogation as have been sent to judicial custody.