AIR 1970 SUPREME COURT 549 ::1970 SC Cri R 369 ::1970 SCD 738

Supreme Court Of India

(From Madras: 1969 Mad LW (Cri) 274)

Hon'ble Judge(s): S. M. Sikri, G. K. Mitter, K. S. Hegde, A. N. Ray, P. Jaganmohan Reddy , JJJ

(A) Defence of India Rules (1962) , R.132A— (since repealed by Defence of India (Amendment) Rules Prosecution for offence under Rule cannot be launched subsequent to its repeal as there is no saving provision under the Defence of India (Amendment) Rules (1965). AIR 1970 SC 494, Foll. (Para 6) (B) Penal Code (45 of 1860) , S.120B, S.120A— Foreign Exchange Regulation Act (7 of 1947) , S.21(1)— Contract contemplated under Section 21 (1) - Nature - Section 121 (1) does not cover criminal conspiracy similar to Section 120B - Complaint in respect of illegal acquisition of foreign exchange - Allegation therein that two accused agreed to obtain foreign exchange illegally - Framing of charge under Section 120B - Maintainability. A complaint in respect of illegal acquisition of foreign exchange filed against the two accused contained the following allegations: P, one of the accused, who was the Managing Director of a Company entered into agreement with a foreign Company for supply of raw material to his company. Under the agreement the foreign company also agreed to over-invoice the value of goods and give credit of the over-invoiced amount to the personal account of P. Another accused, L, a foreigner, also entered into agreement....