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ANANYA BANDYOPADHYAY
Sk. Rustam – Appellant
Versus
T. K. Datta – Respondent
JUDGMENT :
Ananya Bandyopadhyay, J.
1. The instant revisional application has been filed by the petitioner against the judgment and order dated 09.07.2013 passed by the Learned Additional Sessions Judge, Fast Track 1st Court, Calcutta in Criminal Revision No. 175 of 2012, dismissing thereby the aforesaid revisional application and affirming the judgment and order dated 30.08.2012 passed by the Learned Metropolitan Magistrate, 15th Court, Calcutta in Case No. C-6032 of 2001 (T.R. No. 621 of 2001) convicting the petitioner for commission of an offence punishable under Section 57 of the Foreign Exchange Regulation Act, 1973 and sentencing him to suffer imprisonment for 6 months and to pay fine of Rs.5000/- in default to suffer simple imprisonment for 2 months more.
2. The allegations portrayed in the said complaint are precisely to the effect that:-
The court established that prosecutions under FERA can continue post-repeal if initiated within two years under the provisions of FEMA.
Pending appeals do not suspend the obligation to comply with penalty orders under FERA, allowing for criminal prosecution.
Penalties for contraventions under FEMA must be strictly adhered to, regardless of intent; non-compliance with export declaration for repossessed assets constitutes a violation.
The tribunal established that FEMA's regulatory framework extends to the Exclusive Economic Zone, mandating compliance with export regulations regardless of challenges faced, with penalties imposed b....
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