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august 2017

Supreme Court of India · 2017-08-17

The Enforcement Officer vs Mohammed Akram

Citation / case number
AIR 2018 SC( CRI) 85
Court
Supreme Court of India
Petitioner
The Enforcement Officer
Respondent
Mohammed Akram
Author
L. Nageswara Rao
Bench
L. Nageswara Rao, S.A.Bobde

Judgment text excerpt

The Supreme Court addressed the appeal against the High Court's judgment regarding the acquittal of the Respondent under Section 56(1)(ii) of the Foreign Exchange Regulation Act, 1973 (FERA). The Court emphasized that valid service of summons is crucial for establishing jurisdiction, and upheld the Special Court's finding that the summons were not duly served on the Respondent. The Court reiterated that mere affixation of summons does not suffice without proof of the Respondent's address, thus affirming the acquittal based on lack of evidence for contravention of Section 40 of FERA.

The Enforcement Officer vs Mohammed Akram · Niyam