Delhi District Court
Sh. S.K. Gupta vs Inder Vijay Singh on 11 January, 2013
IN THE COURT OF SH. GAUTAM MANAN,
ADDL. CHIEF METROPOLITAN MAGISTRATE 01,
PATIALA HOUSE COURTS, NEW DELHI
Sh. S.K. Gupta,
Enforcement Officer,
Enforcement Directorate,
Ministry of Finance,
Lok Nayak Bhawan, 06th Floor,
New Delhi ..................... Complainant
Versus
Inder Vijay Singh,
s/o Sh. Manjit Singh,
r/o C1/116, Lawrance Road,
Delhi110035 ...................... Accused
C.C. NO. 89/1/96
U/S 56 of The Foreign Exchange Regulation Act,1973
Unique Case ID No. 02403R0006111996
JUDGMENT U/S 355 Cr. P.C.
a) S. No. of the case 02403R0006111996
b) Date of commission of offence 19.08.1994
c) Name of the complainant Sh. S.K. Gupta,
Enforcement Officer
d) Name, parentage & address of Inder Vijay Singh,
accused s/o Sh. Manjit Singh,
r/o C1/116, Lawrance Road,
Delhi110035
e) Offence Complained of or proved U/S 56 of The Foreign
Exchange Regulation Act,
1973
f) The plea of the accused and his S.A. dispensed with.
examination
g) The Final order Accused Inder Vijay Singh is
acquitted.
h) The date of such order 11.01.2013
Enforcement V. V.K. Jain Page 1 of 3
Date of institution of case : 24.10.1996
Date of reserving judgment/order : 11.01.2013
Date of Pronouncement : 11.01.2013
BRIEF STATEMENT OF THE REASONS FOR THE DECISION :
1.The complainant Enforcement Directorate has filed the present complaint alleging the commission of offence u/s 56 FERA, 1973 on allegations that on 19.08.2004 during search at the residential premises of accused which resulted and seizure of Indian currency worth Rs.9,25,000/ and incriminating documents were seized vide panchnama was drawn on the spot and statement of accused was also recorded wherein admission of contravention was admitted. An OPN dated 16.05.1996 was served upon the accused to show cause the accused being the person resident of India received payment to Rs.3,70,40,682/ and has also made payments to Rs.3,08,15,682/ to different persons under instructions of Gurcharan Singh of Canada a person resident outside of India without any general or special permission of RBI accused failed to submit any such permission and thereby he committed an offence punishable u/s 56 FERA, 1973.
Enforcement V. V.K. Jain Page 2 of 3
2. The complaint was filed by Sh. S.K. Gupta, Enforcement Officer, New Delhi. After the precharge complainant evidence, the Court framed the charge against the accused under Section 56 FERA, 1973 to which he pleaded not guilty and claimed trial.
3. The complainant has examined only one witness in post charge evidence i.e. PW1 S.K. Gupta, who has proved the complaint Ex.PW2/1 and opportunity notice dated 28.05.1996 Ex.PW2/2. He has not deposed anything against the accused besides filing of the present complaint. There is no material on record against the accused so to record statement of accused under the provision of Section 313 Cr.P.C. as such statement of accused dispensed with. Since there is no evidence against the accused Inder Vijay Singh so link him with the commission of crime u/s 56 FERA, 1973 as such accused Inder Vijay Singh stands acquitted. Bail bond of accused and his surety is discharged File be consigned to Record Room.
Announced in the open Court on 11th January, 2013.
Gautam Manan ACMM01/New Delhi Enforcement V. V.K. Jain Page 3 of 3