RAJESH KUMAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The question, which does arise in this case is as to whether offences, punishment of which extend to seven years, under the Foreign Exchange Regulation Act, 1973 (in short FERA), being noncognizable in terms of Section 62 of the Act, are bailable or nonbailable?

(2.) Before adverting to the submissions, advanced on behalf of the parties, the facts giving rise to this case, needs to be taken notice of.

(3.) The case seems to be offshoot of fodder scam cases, which, under the direction of the Patna High Court as well as under the direction of Hon'ble Supreme Court, had been lodged against the number of accused persons including the father of this petitioner namely Dr. K.M.Prasad, wherein allegations had been made in almost all the cases that the accused persons in conspiracy with each other did withdraw the money from the different Treasuries in crores on the basis of fake allotment letters and fictitious supply orders. Against Dr. K.M.Prasad 14 cases were lodged, whereas against Kamlesh Kumar, S/o Dr. K.M.Prasad, 8 cases were lodged. During investigation of those cases, it could be revealed that Dr. K.M.Prasad has acquired huge immovable and movable properties in his name as well as in the name of his sons and daughters including the petitioner being the son of Dr. K.M.Prasad. Further, it had been found that Dr. K.M.Prasad had received foreign exchange remittances by way of foreign exchange instruments amounting to 3,15,000/ US Dollar and 1000/ Pounds during the year 199192 and those transactions were not genuine gift, rather it were in violation of the provision of Foreign Exchange Regulation Act, 1973 (in short FERA).