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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

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, imposed a total penalty of Rs. 2,50,000/- to the accused and directed the accused to deposit the penalty imposed, within 45 days of the date of receipt of the said order, at the Office of the Enforcement Directorate, Madras. The said order was served on the accused. In spite of repeated notices, the accused had not paid the penalty of Rs. 2,50,000/-. Failure to pay the penalty, imposed by the Spe














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