9911796707
TMI Blog2012 (5) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... t 9.00 P.M. in Enforcement Directorate, Office of Foreign Exchange Regulation, Lok Nayak Bhawan, Khan Market, New Delhi. The summons were served at 8.35 P.M. by the appellant on the respondent who was in Jail No. 2 through his counsel who made an endorsement on the summons that the respondent would appear on 31-8-1996 at 2.00 P.M. It is alleged that the respondent neither appeared on 30-8-1996 nor on 31-8-1996, this led to filing of a complaint under section 56 of the Act against the respondent. Since the complaint was filed by the appellant through Enforcement Officer Mr. J.P. Kujur in the official discharge of his duty, therefore, summons were straightway issued against the respondent and he was put to trial for having committed an offenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to accept, the respondent, who had been just released from the Jail to appear before the officials of the appellant at 9.00 P.M. So far as the non-appearance of the respondent on 31-8-1996 is concerned, it has been observed by the learned ACMM that as the respondent has been released from Jail after 90 days, there were certain much more important family matters, which required immediate attention apart from this. The appellant had not issued any direction to the respondent to appear on 31-8-1996 and keeping in view the totality of circumstances, the learned ACMM did not consider it to be a case where the allegations against the respondent were established and he had voluntarily disobeyed the summons or directions issued by the appellant or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 13 or clause (a) or sub-section (1) of (section 18 or section 18A) or clause (a) of sub-section (1) of section 19 or sub-section (2) of section 44 or section 57 or section 58) is again convicted of an offence under this Act (not being an offence under section 13 or clause (a) of sub-section (1) of (section 18 or section 18A) or clause (a) of sub-section (1) of section 19 or sub-section (2) of section 44 or section 57 or section 58), he shall be punishable for the second and for every subsequent offence with imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine; Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, a person on being released from the Jail after about three months would not be in a proper mental frame to appear before the investigating agency, instead he would like to go home and take rest rather than appearing in response to the summons. It is because of this reason probably that the counsel is purported to have made an endorsement on the summons that the respondent would appear on the next date i.e., 31-8-1996 at 2.00 P.M. which he did not do. Although, he ought to have appeared on the next date, but even if it is taken that he had not kept his assurance for appearance on the next date that cannot be taken as a ground for initiating prosecution against him under section 56 of the Act because under section 56 when summons are issue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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