Delhi District Court
Enforcement Directorate vs Jugal Kishore Sharma on 13 December, 2012
IN THE COURT OF SH. GAUTAM MANAN,
ADDL. CHIEF METROPOLITAN MAGISTRATE-01,
PATIALA HOUSE COURTS, NEW DELHI
Enforcement Directorate
Through
Shri RK Rawat,
Chief Enforcement Officer,
Jam Nagar House,
New Delhi ..................... Complainant
Versus
Jugal Kishore Sharma
s/o Late Sh. Bansi Lal Sharma,
C-24, Gautam Nagar,
New Delhi-110049 ..................... Accused
Unique Case ID No. 02403R0105772002
CC No. 912/1
U/S 56 of the FERA Act, 1973 and r/w (3) & (4) of Section 49 of The Foreign
Exchange Management Act, 1999
JUDGMENT U/S 355 Cr. P.C.
a) Sr. No of the case 02403R0105772002
b) Date of commission of offence 19/20.6.1994
c) Name of the complainant Shri RK Rawat,
Chief Enforcement Officer
d) Name, parentage & address of Jugal Kishore Sharma
accused s/o Late Sh. Bansi Lal Sharma,
C-24, Gautam Nagar, New
Delhi-110049
e) Offence Complained of or Under Section 56 of FERA, 1973
proved R/w (3) & (4) of Section 49 of
Foreign Exchange Management
Act, 1999
f) The plea of the accused in In his statement under section 313
his examination Cr.P.C., the accused admitted his
guilt.
g) The Final order Convicted
h) The date of such order 13/12/2012
ENF V. Jugal Kishore Sharma Page 1 of 3
Date of institution of case : 28.05.2002
Date of reserving judgment/order : 13.12.2012
Date of Pronouncement : 13.12.2012
BRIEF FACTS OF THE REASONS FOR THE DECISION :-
1. The present complaint has been filed on the allegations of the prosecution that on 19/20.6.94, during search by the enforcement officers in the premises of the accused, a sum of Rs.4 lacs alongwith incriminating documents were recovered. It is revealed that the accused had made payments to the tune of Rs.47,45,000/- to the different persons in India under instruction of a person residing in Canada, hence, for receiving payment sum of Rs.51,45,000/- otherwise then an authorized dealer and making payments of Rs.47,45,000/- under orders on behalf of person resident outside India and thereby committed an offence punishable u/s 56 of FERA, 1973.
2. The complaint was filed by Sh. RK Rawat, Chief Enforcement Officer, New Delhi. After pre-charge complainant evidence, the ld. predecessor of this Court framed charge against the accused under Section 56 of FERA, 1973 and to which he pleaded not guilty and claimed trial.
3. The complainant has examined total 08 witnesses in support of its case i.e. PW-1 RK Rawat, PW-2 CN Dhar, PW-3 Om Prakash, PW-4 B. Hazra, PW-5 SC Adlakha, PW-6 Balvinder Singh, PW-7 Sanjay Kumar and PW-8 Harpal Dass.
ENF V. Jugal Kishore Sharma Page 2 of 3
4. The accused in his statement under section 313 Cr.P.C., has admitted his guilt in statement recorded on 13.12.2012.
5. The accused is voluntarily pleaded guilty under Section 56 of FERA, 1973. It is a settled law that accused can plead guilty at any stage during the trial of case. There is also sufficient material on record against the accused in form of testimony of prosecution witnesses and documents.
6. In view of voluntarily plea of guilt of accused, accused Jugal Kishore Sharma is convicted under Section 56 of FERA, 1973. Let he be heard on the quantum of sentence.
Announced in the open court on 13th December, 2012.
(GAUTAM MANAN) ACMM-01: NEW DELHI ENF V. Jugal Kishore Sharma Page 3 of 3