2014 (12) TMI 1387 - HC - Money Laundering

Relaxation of the condition of bail - service of summons - Section 56(1)(ii) read with 40 of the Foreign Exchange Regulation Act, 1973 - HELD THAT - The petitioner is about 76 years old and he travels abroad frequently for medical treatment. He is permanent resident of Mumbai and is staying with his family at Mumbai. There shall not be any apprehension that the petitioner will abscond and will not face the trial - condition of the bail modified - application disposed off.

Summary

Issues: Petition under Section 482 of Cr.P.C. seeking quashment of proceedings under the Foreign Exchange Regulation Act, 1973 and relaxation of bail conditions.

Analysis:
1. The petitioner sought quashment of proceedings before the Chief Metropolitan Magistrate under Section 56(1)(ii) read with 40 of the Foreign Exchange Regulation Act, 1973, and relaxation of bail conditions. The alleged violation dated back to 2001, with the complaint filed in 2002. The petitioner argued that summons were erroneously issued in another person's name and the warrant was based on this error, allegedly done maliciously by the Enforcement Directorate.

2. The petitioner's counsel, Mr. Ponda, indicated a willingness to defer the quashment request for a separate application while focusing on relaxing the bail condition. The petitioner, aged 76, frequently traveled abroad for medical treatment but was a permanent resident of Mumbai. The court acknowledged no risk of absconding and decided to modify the bail condition, allowing the petitioner to travel abroad by providing prior intimation to the Enforcement Directorate.

3. The court disposed of the quashment request, granting liberty to file a separate application later. The bail condition was altered to require the petitioner to inform the Enforcement Directorate three days before leaving India, with the passport to be returned after making copies. The petition was consequently disposed of in line with the revised bail condition.