Delhi District Court
Sh. Niranjan Subudhi vs Rakesh Kumar Sobti on 3 September, 2013
IN THE COURT OF SH. AMIT BANSAL, CHIEF
METROPOLITAN MAGISTRATE, PATIALA HOUSE COURTS,
NEW DELHI
Sh. Niranjan Subudhi,
Enforcement officer,
Enforcement Directorate,
Khan Market,
Lok Nayak Bhawan,
New Delhi ..................... Complainant
Versus
Rakesh Kumar Sobti,
1124, Avtar Nagar,
Jalandhar,
Punjab ..................... Accused
Unique Case ID No. 02403R0006631999
CC No. 117/1/99
U/s 56 Foreign Exchange Regulation Act, 1973 (FERA)
JUDGMENT U/S 355 Cr. P.C.
a) Sl. No. of the case 02403R0006631999
b) The date of commission of the 21.6.1995
offence
c) Name of the complainant Sh. Niranjan Subudhi,
Enforcement officer
d) Name, parentage & address of Rakesh Kumar Sobti,
accused 1124, Avtar Nagar,
Jalandhar,
Punjab
e) Offence Complained of or provedUnder Section 56 FERA, 1973
f) The plea of the accused and his The accused in his statement under
examination section 313 Cr.P.C, has admitted the
case of prosectuion against him.
Enforcement V. Rakesh Kumar Sobti CC No. 117/1/1999 Page 1 of 4
g) The Final order Accused Rakesh Kumar Sobti is
Convicted u/s 56 FERA, 1973.
h) The date of such order 03/09/13
Date of institution of case : 29.07.1999
Date of reserving judgment : 03.09.2013
Date of Pronouncement : 03.09.2013
BRIEF FACTS OF THE REASONS FOR THE DECISION :-
1. The accused is facing trial on the allegations of the prosecution that during the search conducted at the business premises Shivam Enterprises on 21.6.1995 belonging to Subhash Narula and his Maruti Car no. DL-1CD-3209, while he was sitting with Subhash Narula at his (Subhash Narula) premises and had brought foreign currency from Jalandhar sent by Dr. Jaswant Singh and as a result of said search foreign currency, Indian Currency and documents were recovered and seized. Upon further investigation it was found that he was involved in acquiring and selling of foreign exchange equivalent to RS.55,89,348/- in the manner without any previous general or special permission of the Reserve Bank of India, a person resident in India other than an authorized dealer in India, has contravened the provisions and thereby contravened the provisions of Section 8(1) and 8(2) of FERA, 1973 punishable under Section 56 FERA, 1973.
2. The complaint was filed by Sh. Niranjan Subudhi, Enforcement Enforcement V. Rakesh Kumar Sobti CC No. 117/1/1999 Page 2 of 4 Officer, New Delhi. After the pre-charge complainant evidence, the Court framed the charge against the accused under Section 56 FERA, 1973 on 17.4.2007 to which he pleaded not guilty and claimed trial.
3. The complainant has examined total 06 witnesses in support of its case i.e. PW-1 Sh. Niranjan Subudhi, Enforcement Officer, PW-2 Sh. D.K. Gupta, Enforcement Officer, PW-3 Sh. A.K. Mahajan, AEO, PW-4 Sh. R.K. Rawal, Asstt. Director, PW-5 S.K. Gupta, Enforcement Officer and PW-6 Sh. Niranjan Singh, Enforcement Director.
4.I have heard the final arguments and carefully perused the record.
5. The accused in his statement under Section 313 Cr.P.C, has admitted the case of prosecution. He stated that the shop belonged to Subhash Narula and he was sitting in the shop as a servant. He stated that a separate complaint was filed against Subhash Narula in which he pleaded guilty on 01.11.2012. The accused in his statement u/s 313 Cr.P.C. admitted that he had brought foreign currency from Jalandhar which was sent by Dr. Jaswant Singh and he was also having one account slip with the foreign exchange and the said currency was kept in the above mentioned Maruti Car which was parked at a distance while he was sitting in the shop. He also admitted that he was to get the Indian currency in lieu of the foreign currency which was to be handed over to Subhash Narula. He also admitted that he tendered his voluntary Enforcement V. Rakesh Kumar Sobti CC No. 117/1/1999 Page 3 of 4 statement Ex.PW4/B under Section 40 of FERA, 1973 wherein he had admitted the incriminating facts including that he had acquired foreign exchange equivalent to Rs.55,89,348/- and sold the same. He further admitted the voluntary statement of other persons i.e. Ex.PW4/1, Ex.PW4/3 and Ex.PW4/4 explaining the modus operandi of acquisition of foreign exchange and selling the same and his participation in dealing in foreign exchange. He further admitted that the opportunity notice Ex.PW2/A was duly served upon him vide Ex.PW2/B but he failed to produce any permission of RBI. He thus, voluntarily pleaded guilty under Section 56 FERA, 1973 in his statement under Section 313 Cr.P.C. There is also sufficient material on record against the accused in the form of testimony of the prosecution witnesses and documents.
6. In view of the voluntarily plea of guilt of the accused, the accused Rakesh Kumar Sobti is convicted under Section 56 FERA, 1973. Let he be heard on the quantum of sentence.
Announced in the open Court on 03rd September, 2013.
(AMIT BANSAL) CMM : NEW DELHI 03.9.2013 Enforcement V. Rakesh Kumar Sobti CC No. 117/1/1999 Page 4 of 4 IN THE COURT OF SH. AMIT BANSAL, CHIEF METROPOLITAN MAGISTRATE, PATIALA HOUSE COURTS, NEW DELHI Sh. Niranjan Subudhi, Enforcement officer, Enforcement Directorate, Khan Market, Lok Nayak Bhawan, New Delhi ..................... Complainant Versus Rakesh Kumar Sobti, 1124, Avtar Nagar, Jalandhar, Punjab ..................... Accused Unique Case ID No. 02403R0006631999 CC No. 117/1/99 U/s 56 FERA, 1973 03.9.2013 ORDER ON QUANTUM OF SENTENCE :-
Present Ms. Renu Bansal, ld. SPP for the complainant department.
Convict in person with learned Counsel Sh. S.C. Puri. Arguments heard on quantum of sentence and record perused.
Convict prays for a lenient view and submits that he has remained in J.C. for about 62 days in this case, it is his first conviction Enforcement V. Rakesh Kumar Sobti CC No. 117/1/1999 Page 5 of 4 and has no other previous involvement in any case. He further submits that he was only a servant of Subhash Narula. He also submits that he is the sole bread earner of his family consisting of wife, three children and old ailing father and mother. He submits that he is shameful for his act and will not repeat the offence again.
Ld counsel for convict submits that FERA, 1973 stands already repealed and the offence committed by convict stands diluted with the enactment of FEMA (Foreign Exchange Management Act) wherein the act committed by the convict is no more a punishable offence and the benefit of the legislation be extended to the convict. He relied upon the judgment of Hon'ble High Court of Delhi in Vipin Kumar Kapur V. S.M. Ali, Intelligence Officer, DRI, Crl. Rev. Pet. No. 422/2008 as decided on 14.10.2011.
On the other hand, ld. SPP for complainant submits that appropriate punishment as provided in law be given to the convict.
The convict in order to secure a lenient punishment has also relied upon the judgment passed by Hon'ble Supreme Court titled K.I. Pavunny V. Assistant Collector (HQ), Central Excise Collectorate,Cochin cited in 1997 SCC (Crl.)444 in respect of seizure of 200 gold biscuits wherein Hon'ble Supreme Court took a lenient view and find it adequate to impose the fine of Rs.10,000/-.
Keeping in view the nature of offence, I am not inclined to Enforcement V. Rakesh Kumar Sobti CC No. 117/1/1999 Page 6 of 4 release the convict on probation of good conduct. FERA, 1973, however, stands already repealed and the offence committed by convict stands diluted with the enactment of FEMA (Foreign Exchange Management Act) wherein the act committed by the convict is no more a punishable offence. Since the FERA, 1973 stands repealed, the convict is also entitled for a lenient view. In facts and submissions, convict Rakesh Kumar Sobti is sentenced to the period already undergone by him in custody and to pay a fine of Rs.30,000/- under Section 56 FERA, 1973 and in default of payment of fine SI for 07 days.
Fine of Rs.30,000/- has been paid by the convict. File be consigned to Record Room.
Announced in the open Court on 03rd September, 2013.
( AMIT BANSAL ) Chief Metropolitan Magistrate, Patiala House Courts, New Delhi 03.09.2013 Enforcement V. Rakesh Kumar Sobti CC No. 117/1/1999 Page 7 of 4