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2001 Supreme(Ker) 150

UMESH C.BANERJEE, G.B.PATTANAIK
CBI – Appellant
Versus
Kurian – Respondent


Judgment :-

1. Delay condoned. Leave granted.

2. These appeals by the Central Bureau of Investigation are directed against the judgment dated 27th September, 1999 of a learned Single Judge of Delhi High Court. By the impugned judgment, the High Court in exercise of power under S.482 of the Code of Criminal Procedure, has come to hold that a breach of the undertaking given by an Association under S.6(1)(b) of the Foreign Contribution (Regulation) Act, 1976 (hereinafter referred to as 'the Act') would not amount to contravention of the provisions of the Act within the meaning of S.23 of the said Act and as such the criminal prosecution that had been launched, would not lie. The High Court having quashed the criminal proceedings, arising out of the two F.I.Rs., the Central Bureau of Investigation is in appeal.

3. The respondent-society, submitted an application in the prescribed form for registration under S.6 of the Act for receiving foreign contribution. It was indicated therein that the foreign contribution will be received only through the main branch of the State Bank of India, Hyderabad and the separate bank account was opened for the purpose. The society was allotted a registrati











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