Shamsudeen A. I. v. Spl Director Enforcement Directorate New Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1994 Supreme(Online)(Mad) 4

MADRAS HIGH COURT
Arunachalam, J
Shamsudeen A. I. v. Spl Director Enforcement Directorate New Delhi

Advocates:
For the Appellants/Petitioners: Mr. P. Rajamanickam
For the Respondents: Special Public Prosecutor

Table of Content
1. accused face multiple penalties for fera violations. (Para 1 , 2 , 3)
2. arguments presented regarding premature complaints and jurisdiction. (Para 4 , 11)
3. court discusses the impact of pending appeals on criminal liability. (Para 5 , 6 , 8)
4. original adjudication orders remain effective despite appeals. (Para 9)
5. petitions for quashing complaints are dismissed. (Para 12)

1.The accused in E.O.C.C. Nos. 312, 317, 380, 320, 296, 270, 319, 288, 339, 342, 366, 335, 314, 353, 306, 283, 275, 491, 316, 38l and 494 of 1993 on the file of Additional Chief Metropolitan Magistrate, Egmore, Madras have filed these petitions under S.482, Cr.P.C. praying to call for the records in the above cases and quash the same.

2. ln E.O.C.C. 312/93, the respondent has filed the complaint against the petitioner in Crl.O.P. No.9755 of 1993, for offence under S.57 of the Foreign Exchange Regulation Act , 1973 (which I shall hereinafter refer to as ' FERA '). The allegations in the complaint are briefly as follows:
The Special Director of Enforcement initiated adjudication proceedings against the accused for contravention of certain sections of the and by his order dated 28-10-1989, imp