LexS.K. KAMDAR AND ANR. versus STATE OF MAHARASHTRA
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A B S.K. KAMDAR AND ANR. v. STATE OF MAHARASHTRA SEPTEMBER 6, 1995 [G.N. RAY AND G. T. NANAVATI, JJ) Foreign Exchange Regulation Act, 1947: Sections 4(1)(2) and S(l)(a), (aa) (c). C Foreign Exchange Regulation Act, 1973 Section 8(1) (2) and 9(1)(a), (b), (d). Indian Penal Code, 1860: Section 120-B. Offences committed under the 1947 Act-Complaint in Oiminal Court D under 1973 Act-Maintainability orAdjztdication by Revenue auth01ities as to inadequacy of penalty to be imposed-Complaint held maintainable as offence under section 120-B !PC could not have been adjudicated by Revenue Auth01ities either under the old or new Act. E The appellants are alleged to· have com.milted offences under Sec- tions 4(1)(2) and 5(1)(a), (aa), (c) of the Foreign Exchange Regulation Act, 1947 read with section 120-B of the Indian Penal Code, 1860. A complaint lodged against them under the corresponding provisions of the Foreign Exchange Regulation Act.1973 read with section 120-B of the Indian Penal Code was held not maintainable by Trial Court on the ground that there F was inherent inconsistency between the 1947 and 1973 Acts in the matter of lodging complaint in the Criminal Court. On revision the High Court set aside the Judgment of Trial Court holding that the complaint was maintainable. Hence these appeals. G Dismissing the appeals, this Court HELD : The complaint has been lodged not only for the violation of I the provisions of the Foreign Exchange and Regulation Act, 1947, but also for an offence under Section 120-B of the Indian Penal Code. The complaint under latter provision in any event, could not have been decided by the H departmental authority either under the old Act or under the new Act. Such 360 S.K. KAMDAR v. STATE OF MAHARASHTRA 361 complaint, therefore, was to be made only before the Criminal Court. Even A otherwise before lodging the complaint in question, a finding was made by the departmental authority that imposition of penalty would not be ade- quate in the facts of the case but immediately thereafter no complaint in Criminal Court was lodged. The same was lodged after lapse of some time by which the new Act has become operative. In these circumstances, the complaint being maintainable, no interference is called for. (363-C-E] The SupeTi11te11dent & Rememberancer of Legal Affairs, West Bengal v. Gilish Kumar Navalakna and Others, (1975) 4 SCC 754, referred to. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 522 of 1980. From the Judgment and Order dated 27.11.79 of the Bombay High Court in Cr!. A No. 542 of 1978. Krishan Mahajan and P.H. Parekh for the Appellants. V.N. Ganpule, S.M. Yadav and A.S. Bhasme for the Respondent. The following Order of the Court was delivered : These appeals are directed against the judgment dated 27th Novem- B c D ber, 1979, passed by the High Court of judicature at Bombay in Criminal Revision Application No. 542 of 1978. The appellants challenged the validity of the complaint made by the assistant Director of Enforcement Directorate, Government of India. Bombay, against the appellants alleging commission of offences under Section 120B of the Indian Penal Code read with Sections 4(1), 4(2), 5(1)(a), 5(1)(aa) and 5(1)(c) of the Foreign Exchange Regulation Act, 1947 corresponding to section 1208 of the Indian Penal Code read with sections 8(1), 8(2), 9(1)(a), 9(1)(b) and 9(1)( d) of the Foreign Exchange Regulation Act, 1973. The learned Addi- tional Chief Metropolitan Magistrate. Third Court, Bombay, dismissed the complaint on August 11, 1978 in Case No. 133/W/1977 inter alia holding G that pen .... : t:rovisions and procedure to be followed for lodging complaint E F in a criminal court under the Foreign Exchange and Regulation Act, 1947 under which alleged violation by the accused had taken place, being different and inconsistent with the provisions of the later Act namely Foreign Exchange and Regulation Act, 1973, the complaint under the New Act was not maintainable. H A B c 362 SUPREME COURT REPORTS [1995) SUPP. 3 S.C.R. The State of Maharashtra thereafter moved the High Court of Bom- bay by filing a Revision Petition challenging the correctness of the order of dismissal of the complaint passed by the learned Additional Chief Metropolitan Magistrate. By the impugned judgment, the Bombay High Court has come to the finding that there was no inconsistency with the provisions of the old Act i.e. Fo
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