( 1 ) BY the instant application, A. K. Ghosh, Director Enforcement Directorate, Government of India, has prayed for setting aside the order No. 21 dated 29. 1. 72 passed in Case No. C/943 of 1970 by the learned Presidency Magistrate, 10th Court, Calcutta by which the learned Magistrate has discharged Section 253 (1) Cr. P. C. holding that prosecution under Sec. 23f of the Foreign Exchange Regulation Act is not maintainable and the materials on record are not sufficient to warrant the conviction of the accused. Dharam Chand Jain, O. P. No. 2, under

( 2 ) THE circumstances under which the complaint was filed may be briefly stated: -dharam Chand Jain, O. P. No. 2, was one of the Directors of M/s. Missirlal Dharam Chand (P) Ltd. engaged in the business of export of manganese ore with a foreign company namely, Messrs Ferro Metal and Chemical Corporation Ltd. , having its office at London and New York. On the allegation that M/s. Missirlal Dharam Chand (P) Ltd. was maintaining and operating accounts in foreign countries illegally, adjudication proceedings were started by the Director of enforcement under Section 23 (1) (a) and 23d of the Foreign Exchange Regulation Act after