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FEMA - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

The Calcutta High Court dealt with a case involving a conviction ...


Conviction u/s 57 of FERA for non-realization of export proceeds, confirmed. Sentence modified to pay Rs. 3 lakhs fine.

May 28, 2024

Case Laws     FEMA     HC

The Calcutta High Court dealt with a case involving a conviction u/s 57 of FERA for non-realization of export proceeds, which was later repealed and replaced by FEMA. The court held that FEMA provisions apply to offences committed under FERA. The petitioner was found guilty of violating FERA provisions before the enactment of FEMA. The court noted a sunset period for adjudicating FERA offences before FEMA's applicability. The court rejected leniency arguments based on FEMA provisions. The court invoked its inherent power u/s 482 CrPC to uphold the conviction, modifying the sentence to a fine of Rs. 3 lakhs due to the petitioner's age and the time lapse since the offence. The criminal revisional application was dismissed.

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