Supreme Court of India · 1995-09-06
S.K.KAMDAR AND ANR. vs STATE OF MAHARASHTRA
- Citation / case number
- SC 1980/63335
- Court
- Supreme Court of India
- Petitioner
- S.K.KAMDAR AND ANR.
- Respondent
- STATE OF MAHARASHTRA
- Author
- G.N. RAY
- Bench
- G.N. RAY
Judgment text excerpt
The Supreme Court upheld the Bombay High Court's ruling that the complaint against the appellants under Section 120B IPC and the Foreign Exchange Regulation Act, 1947 was maintainable despite the appellants' claims of inconsistency with the 1973 Act. The Court clarified that the procedural requirements of the 1973 Act do not infringe upon the substantive rights of the accused under the 1947 Act. Consequently, the High Court's decision to set aside the dismissal of the complaint was affirmed, allowing the prosecution to proceed.