Cognizance taken under repealed law is valid if it is provided by provision of ‘Repeal and Savings’ under the new Law

First Global Stockbroking Pvt. Ltd. & Ors. Vs Anil Rishiraj & Anr (Supreme Court of India)

Conclusion: In present facts of the case, the Hon’ble Supreme Court observed that the Enforcement Officer appointed under Section 3 of FERA, 1973 was authorized to file complaint under provisions of FERA even after getting repealed by the virtue of S. 49 of FEMA under the heading ‘Repeal and Savings’.

Facts: The Foreign Exchange Management Act, 1999 was brought into force with effect from 1^st June 2000. By virtue of S. 49(1) of FEMA, the FERA, 1973 stood repealed. On 11^th February 2002, the first respondent, who was an Enforcement Officer appointed under S. 3(e) of FERA, filed a complaint in the Court of the learned Chief Metropolitan Magistrate, Esplanade, Mumbai, against the appellants for various offences punishable under FERA and Section 120­B of the Indian Penal Code. Cognizance was taken by the learned Additional Chief Metropolitan Magistrate, on the said complaint on 11^th February 2002 by passing an order of issue of process.

The appellants made separate applications for discharge, but the learned Additional Chief Metropolitan Magistrate rejected the applications. A revision application preferred against the order of rejection, was also dismissed. Being aggrieved by the said order, an application under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.PC’) was filed by the appellants which has been dismissed by the impugned judgment dated 3^rd February 2010 by the learned Single Judge of the High Court of Bombay.

The Hon’ble Supreme Court observed that a criminal Court was empowered to take cognisance of the offences punishable under Sections 56 and 57 of FERA only on a complaint in writing made by an officer of the categories covered by sub­clauses (a) to (c) of clause (ii) of sub­section (2) of Section 61. The Enforcement Officers were appointed under clause (e) of Section 3 of FERA. By a notification dated 24^th September 1993, issued under sub­clause (b) of clause (ii) of sub­section (2) of Section 61 of FERA, various officers, including all the enforcement officers, were authorised to file a complaint in respect of the offences punishable under Sections 56 and 57 of FERA.

Please become a Premium member. If you are already a Premium member, login here to access the full content.