2001 (11) TMI 910 - HC - Companies Law

Summary

Issues involved:
The application of the Code of Criminal Procedure, 1973 to investigations under the Foreign Exchange Regulation Act, 1973 (FERA) and the provision of conducting investigations against women and minors under FERA.

Application of Code of Criminal Procedure to FERA investigations:
The respondent contended that FERA is a self-sufficient legal framework, and the Code cannot be utilized for investigations under FERA, citing legal precedents. The Supreme Court's stance emphasized that courts should not interfere with statutory authorities conducting investigations unless there is a violation of the law. The petitioner argued that FERA lacks provisions for conducting inquiries against women and minors, necessitating the use of section 160 of the Code for recording their statements, supported by legal references.

Investigations against women under FERA:
The petitioner, a journalist, sought interrogation at her residence due to fears related to her influential husband. The court analyzed the proviso to section 160 of the Code, which mandates that women should be investigated at their residence. The summons issued to the petitioner required document production and answering queries, indicating an ongoing investigation. The court concluded that in the absence of specific provisions in FERA regarding the investigation of women, the Code's provisions apply, as per section 4(2) of the Code and legal precedents.

Judgment:
The court dismissed the contention that investigating the petitioner at her residence violated FERA provisions, as FERA lacks guidance on investigating women. Referring to legal precedents, the court held that in the absence of specific procedures in FERA, the Code's provisions, particularly section 160, apply to investigations involving women. The petitioner was directed to cooperate with the investigating officer, and the petition was disposed of.