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september 1997

Supreme Court of India · 1997-09-16

C. SAMPATH KUMAR vs ENFORCEMENT OFFICER, MADRAS

Citation / case number
SC 1996/79742
Court
Supreme Court of India
Petitioner
C. SAMPATH KUMAR
Respondent
ENFORCEMENT OFFICER, MADRAS
Author
K. VENKATASAMI A. S. ANAND
Bench
K. VENKATASAMI A. S. ANAND

Judgment text excerpt

The Supreme Court upheld the validity of summons issued under Section 40 of the Foreign Exchange Regulation Act, 1973 (FERA), affirming that a person can be compelled to give a statement in writing. The Court clarified that there is no presumption of involuntariness in such statements and that the appellant failed to provide evidence of compulsion. The appeal against the High Court's dismissal of the writ petition was therefore dismissed, reinforcing the procedural legitimacy of FERA's provisions.

C. SAMPATH KUMAR vs ENFORCEMENT OFFICER, MADRAS · Niyam