NDLI: Radheyshyam Kejriwal Vs. State of West Bengal and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Foreign Exchange Regulation Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Foreign Exchange Regulation Act, 1973 (46 of 1973)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Foreign Exchange Regulation Act, 1973- ss. 50, 51 and 56 - Scope and applicability of - Charges against the appellant for contravening the provisions of s.9(1)(f)(i) and s.8(2) r/w s.64(2) - Enforcement Directorate (ED) sought to prosecute appellant in a proceeding u/s. 56 though on the self-same facts and cause of action, respondent-adjudicating authority had dropped charges framed against the appellant u/s.50 - Plea of appellant that standard of proof required to bring home the charge in a criminal case is much higher than the adjudication proceeding and once the appellant was exonerated in the adjudication proceeding, his prosecution was an abuse of the process of Court - Held (per majority. The yardstick would be to judge as to whether allegation in the adjudication proceedings and the proceedings for prosecution was identical and exoneration of the person concerned in the adjudication proceeding was on merits - In case it is found on merit that there was no contravention of the provisions of the Act in the adjudication proceedings, the trial of the person concerned shall be an abuse of the process of the court - In the instant case, in the adjudication proceeding on merit the adjudicating authority had categorically held that the charges against the appellant for contravening the provisions of s. 9(1 )(f)(i) and s. 8(2) r/w s. 64(2) were not sustainable - In the face of the finding by the Enforcement Directorate in adjudication proceeding that there was no contravention of any of the provisions of the Act, it would be unjust and an abuse of the process of the court to permit the Enforcement Directorate to continue with the criminal prosecution - Resultantly the appellant's prosecution is quashed - Held (per minority): The scheme of the Act makes it clear that adjudication by the concerned authorities and prosecution are distinct and separate - The two proceedings are independent and irrespective of the outcome of the decision u/s.50, there cannot be any bar in initiating prosecution u/s.56 - In the fight of the mandate of s.56, it is the duty of the Criminal Court to discharge the functions vested with it and give effect to the legislative intention, particularly, in the context of the scope and object of FERA which was enacted for economic development of the country and augmentation of revenue.
Judge	Hon'ble Mr. Justice C.K. Prasad
Neutral Citation	2011 INSC 133
Petitioner	Radheyshyam Kejriwal
Respondent	State Of West Bengal And Anr.
SCR	[2011] 4 S.C.R. 889
Judgement Date	2011-02-18
Case Number	1097

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Radheyshyam Kejriwal Vs. State of West Bengal and Anr.

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