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TMI Blog2013 (3) TMI 483X X X X Extracts X X X X X X X X Extracts X X X X ..... on 8(1) FERA1973, if it establishes its contention in this regard. It would be for the petitioner to establish in the course of trial that he had received the foreign exchange from Seethalakshmi Nagaraj at her instance. This is more so because section 71 FERA 1973 places the burden of proving lawful possession of foreign exchange in excess of value of upon him. The revision shall stand dismissed. - Crl.R.C.No.1071of 2010 and M.P.No.1 of 2010 - - - Dated:- 7-2-2012 - MR. C.T. SELVAM J. For Petitioners: Mr. B. Kumar, Senior Counsel for Mr. B. Satish Sundar For Respondent: Mr. M. Dhandapani, Special Public Prosecutor for Enforcement Cases ***** ORDER This revision challenges the order of the Additional Chief Metr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the same into the NRE account of his brother-in-law, one Vijayaraghavan. He could at best be said to be a carrier of the currencies. He had no proprietary interest therein and could not be said to have 'acquired' the foreign currencies. The prosecution contended that the introduction of Seethalakshmi Nagaraj as the owner of the currencies was only a ruse to escape prosecution. Though such person had made a claim, her statement made before the enforcement authorities contained several inconsistencies and had been made as an afterthought towards bailing out the petitioner. The petitioners who is a chartered accountant was found in possession of foreign currencies of value beyond the permissible limit of RS 15,000. Foreign currencies coul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that he visited Seethalakshmi Nagaraj and requested for foreign exchange as he wanted to deposit the same into the NRE account of his brother in law as such person was in need of the same. Without going into the merits, even if it be accepted that the foreign exchange did belong to Seethalakshmi Nagaraj, the prosecution would still have a case of borrowing prohibited under section 8(1) FERA1973, if it establishes its contention in this regard. It would be for the petitioner to establish in the course of trial that he had received the foreign exchange from Seethalakshmi Nagaraj at her instance. This is more so because section 71 FERA 1973 places the burden of proving lawful possession of foreign exchange in excess of value of rupees 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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