K.K. Kuda versus Chief Enforcement Officer

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 14 OF 2015

[ Arising out of SLP (Crl.) No.7067 of 2014]

K.K. Kuda … Appellant

versus

Chief Enforcement Officer, Enforcement Directorate & Anr ..Respondents

 

Mr. C.A.Sundaram, learned Senior Counsel appearing for the appellant, strenuously contended that the allegations of consent and connivance had been dropped by the respondent vide letter dated 10.7.2001, despite so, complaint was lodged on the allegations of consent, connivance and negligence on the part of the officials of the Bank suppressing the facts and the respondent is guilty of suppressio veri and suppression facto and on this ground itself, the complaint is liable to be quashed. It is his further contention that the complaint pertains to the allegations of consent, connivance and negligence on the part of the officials for having credited Non-convertible Rupee Funds of the Account Holder concerned and the cause of action disclosed therein is composite and inseparable and it cannot be quashed in part and continuance of the complaint proceedings on the allegation of negligence would tantamount to abuse of the process of law. He also contended that taking advantage of Sunset clause under Section 49 of Foreign Exchange Management Act, 1999, without disclosing the issuance of reply by the appellant to the Opportunity Notice, the respondent in an arbitrary and mechanical manner filed the complaint without enclosing a single original document and in the absence of any material, the learned Magistrate could not have applied his mind and taken cognizance and summoning order is bad in law….read more