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Directorate of Enforcement Vs. Deepak Mahajan and Another

Court : Supreme Court of India

Subject : Criminal

Acts : Foreign Exchange Regulation Act, 1973 - Sections 35; Constitution of India - Articles 20(3) and 22; General Clauses Act, 1897 - Sections 3(42) and 273; Indian Penal Code (IPC), 1860 - Sections 26, 29, 50, 61, 190(1), 192 and 202(1); Code of Criminal Procedure (CrPC) , 1974 - Sections 2(4), 4(2), 41, 42, 43, 44, 106, 113, 117, 156, 167, 173, 176, 398, 436, 437, 438 and 439;Customs Act - Sections 2, 45, 46, 62, 104 and 151; Evidence Act - Sections 24, 25 and 27; Code of Criminal Procedure (CrPC) , 1898 - Sections 45, 46, 56, 58 and 135; Code of Criminal Procedure (CrPC) (Amendment) Act (Crpc), 1978 - Sections 309 and 344; Sea Customs Act, 1878 - Sections 171A and 154; Police Act, 1961

Reported in : AIR1994SC1775; 1994(2)ALT(Cri)173; 1994(2)BLJR912; [1995]82CompCas103(SC); 1994CriLJ2269; 1994(1)Crimes892(SC); 1994(46)ECC255; 1994(70)ELT12(SC); JT1994(1)SC290; 1994(3)SCC440; [1994] 1 SCR 445

corresponding provisions under the Customs Act also for the reasons - (i) that the scheme for both the FERA and the Customs Act is more or less the same; (ii) the provisions relating to the arrest and … Exchange Regulation Act of 1973 which is in pari materia with Sub-section (1) of Section 104 of the Customs Act of 1962, is produced under Sub-section (2) of Section 35 of the Foreign Exchange Regulation Act, has

V. Senthil Balaji Vs. The State Represented By Deputy Director

Court : Supreme Court of India

Subject : Land Acquisition

adverted to somewhat similar provisions in other legislations, such as Section 35 of FERA and Section 102 of Customs Act including the decisions of this Court upholding such power of arrest at the inquiry stage bestowed in

Gauri Shankar Gopilalji Patidar Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8 and 18; Code of Criminal Procedure (CrPC) , 1974 - Sections 167(2)

Reported in : 1995(0)MPLJ358

been produced before a Magistrate for offence punishable under Section 35 of the FERA or Section 104 of Customs Act. Supreme Court observed in the same matter that 'person arrested' can be detained by the Magistrate in

Gauri Shankar S/O Gopilalji Patidar Vs. Central Narcotics Bureau

Court : Madhya Pradesh

Subject : Criminal

Acts : Narcotic Drugs & Psychotropic Substances Act, 1985 - Sections 8, 18 and 37; Code of Criminal Procedure (CrPC) , 1973 - Sections 36, 57, 61, 167 and 439; Constitution of India, 1950 - Article 141

Reported in : 1995CriLJ584

been produced before a Magistrate for offence punishable under Section 35 of the FERA or Section 104 of Customs Act. Supreme Court observed in the same matter that 'person arrested' can be detained by the Magistrate in

Deepak Mahajan Vs. the Director of Enforcement and anr.

Court : Delhi

Subject : FERACriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2); Customs Act, 1962 - Sections 104(2); Foreign Exchange Regulation Act, 1973 - Sections 35(2); Constitution of India - Article 21

Reported in : 1991CriLJ1124

Section 167(2) of the Code, the arrested person produced before him in accordance with Section 104(2) of the Customs Act or Section 35(2) of the FERA? The related question is whether the Magistrate has implicit or implied

Union of India Vs. Ashok Kumar Sharma

Court : Supreme Court of India

Subject : Land Acquisition

which 25 (1994) 3 SCC440133 squarely arose was whether upon arrest being effected under Section 35 of the FERA and Section 104 of the Customs Act, a remand could be ordered under Section 167(2) of the CrPC. … interrogate him in connection with the investigation of economic offences, offences under the Essential Commodities Act, Excise and Customs Act, Foreign Exchange Regulation Act etc. ……” No doubt, these are all cases where express power of arrest

Rajnikant Maganghai Patel Vs. Asstt. Collector of Customs, Bombay

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 11, 108, 135, 135(1) and 138A

Reported in : 1987(2)BomCR100; 1987(14)ECC36; 1988(38)ELT271(Bom)

catch a Flight to Ahmedabad. The said person was an officer of the Air Intelligence Unit of the Customs Intelligence posted only duty at Sahar International Passenger Terminal. The said two persons apprehended at the counter are … No. 7 was recorded by the officers attached to the Wing under the Foreign Exchange Regulation Act ('Shortly FERA'). Some of those statements are alleged to have referred to the activities which have been traced backward to

Cce, Jaipur Vs. Shri Pukhraj Moondra

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2001)(138)ELT643TriDel

Matched in: Court Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Mrs. Dr. Tapati Sengupta and Ms. Amgana Sengupta Vs. Enforcement Offic ...

Court : Kolkata

Subject : FERA

Reported in : 1998(60)ECC48

Central Excise, reported in : 1992CriLJ2761 has held while interpreting provision of Sections 107 and 108 of the Customs Act 1962 and Section 39 and 40 of FERA that a person while being interrogated during investigation under

Collector of Customs Vs. Lexus Exports Private Ltd.

Court : Kolkata

Subject : CustomsFERA

Acts : Foreign Exchange Regulation Act, 1973 - Sections 12(1), 18, 18(1), 23 and 67; ;Foreign Exchange Regulation Act, 1969; ;Customs Act, 1962 - Sections 11, 11(1), 11(2), 13, 18(1), 19(1), 113 and 113(1); ;Foreign Exchange Rules; ;Foreign Exchange Regulations; ;Sea Customs Act; ;Constitution of India - Article 226

Reported in : 1994(48)ECC10,1994(69)ELT228(Cal)

the Foreign Exchange Regulation Act, 1973 ('FERA' in short) and therefore by virtue of Section 67 of the FERA there is a deemed violation of Section 11 of the Customs Act and as there is a deemed … for effecting export. It is claimed that due to inadvertence in the documents that were filed with the Customs Authorities these goods were mentioned as stainless steel rods, i.e. rods required to be supplied by the respondent-writ