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2009 Supreme(Del) 1371

MOOL CHAND GARG
Piyush Saxena – Appellant
Versus
Enforcement Directorate – Respondent


Advocates Appeared:
C.S.Chauhan, Rajdipa Behura, Manish Shukla, Aditya Chaudhary, R.K.Handoo

Mool Chand Garg, J.:-

1. By this common order I shall dispose of the above-said two revision petitions filed under Section 401 r/w Section 397 Cr.P.C. r/w Section 482 Cr.P.C. against the order dated 30.05.2007 passed by learned ACMM, Patiala House, New Delhi, whereby the learned ACMM framed charges against the petitioners under Section 56 of the FERA for the alleged violation under Section 9(1)(f)(i) and Section 8(1) of FERA r/w Section 64(2) of FERA, 1973.

2. Briefly stating the allegations against the present petitioners are that the petitioner, Piyush Saxena had made export of ball pen valued at US 6,11,200.90 to M/s Triwood Limited, Hongkong, under 24 GRS Forms. The whole case of the prosecution is based upon the statement of Sudesh Saxena dated 9.7.98 which was recorded under Section 40 of FERA, 1973, who deposed that the total value of export was US 6,00,000, out which US $4,00,000 were realised and the balance amount of US 2,00,000 is pending realization. The total export value which was shown as US 6,00,000 for numbers of ball pens of 1714285 approximate exported to M/s Triwood Limited, Hongkong was not a correct value. The real value was US 3,00,000. The difference between t























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