Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Foreign Contribution (Regulation) Act FIR 1976 s. 23 r/w. s. 4 violation of provisions under FCRA |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Foreign Contribution (regulation) Act, 2010 (42 of 2010) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Foreign Contribution (Regulation) Act, 1976 – s. 23 r/w. s. 4 – Foreign Contribution (Regulation) Act, 2010 – s. 35 r/w. s.3 – The respondent-petitioner received a sum of Rs. 9,04,84,770/- from eight foreign entities – FIR was filed by the appellant-CBI alleging violation of provisions under FCRA, 1976 u/s. 23 r/w. s.4 – Additional CMM took cognizance u/s. 35 r/w. s. 3 of the Act, 2010 – Appellant filed revision on the ground that when offence was committed, the FCRA, 1976 was in force – The Revisional court held that Additional CMM committed ‘jurisdictional error’, thereby providing that cognizance was deemed to have been taken u/s. 23 r/w. s.4 of Act, 1976 – Thereafter, respondent sought quashing of the FIR, chargesheet and further consequential order on the ground that the amount which he had received was a gift from his father – Respondent also alleged that Revisional Court had passed the order without issuing notice to him – High Court quashed the FIR with all proceedings emanating thereto – On appeal, held: The High Court proceeded on the premise that the appellant had admitted the receipt of foreign contribution from his father – However, the case of appellant was that foreign contributions were received by the respondent from different entities in the foreign country, without the permission from the Government – There was a serious factual dispute – The High Court recorded findings on several disputed facts – Defence of the accused is to be tested after appreciating the evidence during the trial – The High Court made the wrong assessment at the stage, when the matter was taken cognizance by the Competent Court – Insofar, the order passed by the Revisional authority is concerned, the same is quashed and remitted to the Revisional Court for fresh consideration after issuing notice to the respondent – Thus, the impugned order of the High Court set aside. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2019 INSC 1152 |
Petitioner | Central Bureau Of Investigation |
Respondent | Arvind Khanna |
SCR | [2019] 13 S.C.R. 470 |
Judgement Date | 2019-10-17 |
Case Number | 1572 |
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