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TMI Blog2003 (2) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... tain information said to have been received by them, the Enforcement Directorate, Government of India, have initiated enquiry under section 51 of the Act. The enquiry under section 51 is quasi judicial in nature and on recording a finding, the adjudicating officer is empowered to impose the penalty provided for under section 50 of the Act. Obviously with a view to save the proceedings from limitation stipulated under the Foreign Exchange Management Act (FEMA), they have initiated prosecution under section 56 of the Act. Further, it was not competent for the Enforcement Directorate to launch prosecution unless the proceedings under section 51 of the Act have reached to finality. Submissions were also made touching on the merits of the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich, if unrebutted, would warrant his conviction, that it can discharge the accused. In the present case, the evidence is yet to be recorded. Further, it is not the case of the petitioner that even if all the contents of the complaint together with the supporting material are taken into account on their face value, no case is made out. Therefore, the facts pleaded by the petitioner do not fit into the circumstances provided for under section 245(2) Cr. P.C. 7. Another contention advanced by the learned counsel for the petitioner is that where adjudicatory proceedings are initiated before an adjudicat- ing authority, the prosecution can be launched only after the termination of adjudicatory proceedings depending on the outcome. Such a ge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has placed reliance upon the judgment of the Gujarat High Court in Lakme Ltd. v. State of Gujarat 2001 (132) ELT 20. It needs to be noted that the case before the Gujarat High Court was the one in the provisions of Central Excise Act, 1944. The prosecution under the provisions of the said Act was dependent or the outcome of the departmental adjudication. The same is not the case here. He has also referred to certain interim orders passed by the Supreme Court in SLPs filed against the judgment of the Bombay High Court in ANZ Grindlay s Bank. Several issues were involved in the case before the Bombay High Court, which in turn, were taken to the Supreme Court. The permissibility of the proceeding with the prosecution even while adjudica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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