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january 1998

Supreme Court of India · 1998-01-08

DIRECTORATE OF ENFORCEMENT vs ASHOK KUMAR JAIN

Citation / case number
SC 1997/18121
Court
Supreme Court of India
Petitioner
DIRECTORATE OF ENFORCEMENT
Respondent
ASHOK KUMAR JAIN
Author
Thomas
Bench
M.K. MUKHERJEE,S.P. KURDUKAR,K.T. THOMAS

Judgment text excerpt

The Supreme Court addressed the issue of anticipatory bail under the Foreign Exchange Regulation Act, 1973 (FERA), emphasizing that the gravity of allegations involving large-scale violations necessitates careful consideration of public interest and effective investigation. The Court upheld the Sessions Court's dismissal of the anticipatory bail application, stating that granting such bail could hinder the investigation. The High Court's modification, which imposed conditions on the Directorate's ability to arrest the respondent based on medical opinions, was also scrutinized, highlighting the balance between individual rights and the state's interest in prosecuting serious offenses.

DIRECTORATE OF ENFORCEMENT vs ASHOK KUMAR JAIN · Niyam