Supreme Court · 1996 INSC 100 · Decided 19 January 1996

Director of Enforcement v. M/S M.C.T.M. Corporation PVT. LTD. and ORS.

Court
Supreme Court of India
Citation
1996 INSC 100 · [1996] 1 S.C.R. 215
Case number
CRIMINAL APPEAL No. 27/1996
Decided
19 January 1996
Bench
A.S. ANAND, FAIZAN UDDIN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal

Headnote

Foreign Exchange ReKulation Act, I 947-Sectiom JO(/)( a), I 0(2 )­ f'ailure to repatriate foreig11 exchange-Coutrave11tin:1 of provisio11s of FERA-Pe11alt.v just(fied-Meus-rea not necessary. Sectiou 23( 1) ( a)--Proceedings under Section 23 ( 1 )(a) are "cu(judicalory" i11 nature and limited company and its Directors, failed to take any action or steps for more than 15 years to repatriate the foreign exchange owned by it and lying in Malaysia, which it had the right to receive in India. Directorate of Enforcement initiated proceedings against the respondents. Respondents

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