( 1 ) RULE. Returnable forthwith. Shri Salvi appearing for respondent no. 1 waives notice. By consent heard finally.

( 2 ) IN these applications the questions arising for consideration are common, arguments are identical and therefore, they can be conveniently disposed of by a common judgement.

( 3 ) THESE criminal applications invoke Section 482 of the Code of Criminal Procedure for quashing and setting aside the orders passed by the Sessions Court and the Metropolitan magistrate taking a view that exoneration of the applicants in adjudication proceedings, would not be a bar for prosecuting them for offences punishable under the Foreign Exchange Regulation act ("fera" for short ). In other words, although, in adjudication proceedings the issue of liability to pay duty/tax and dependent upon it imposition of penalty may also have been considered, but that would not permit quashing and/or closing of criminal prosecution for offences alleged under the same Enactment under which duties have been demanded and penalties purported to be imposed. Are these proceedings identical in nature or one is independent of the other, is therefore, the core issue. If they are not, still, exoneration

Click Here to Read the rest of this document