HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL. REVISION CASE No. 179 OF 2004 Wednesday, the Fourth Day of July, Two Thousand and Ten Between B.K. Jha Petitioner AND Enforcement Officer, Enforcement Directorate, Kendriya Sadan, Sultan Bazar Hyderabad, Rep.by Central Govt. Standing Counsel Respondent ORAL ORDER: The petitioner herein was tried by the Special Judge for Economic Offences, Hyderabad, in C.C. No. 5 of 1998 for the offence under Sec. 9(1)(b) and 9(1)(d) of the Foreign Exchange Regulation Act, 1973 punishable under Sec. 56(1)(i) of the said Act. During the course of trial, PWs-1 to 9 were examined and Exs.P-1 to P-23 were marked on behalf of the prosecution. No oral evidence was let in on behalf of the petitioner herein but Ex.D-1 copy of the Arrest Memo was marked. Having analysed the said oral and documentary evidence, the learned Special Judge came to the conclusion that the prosecution has established guilt of the petitioner herein and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- under each count, in default of payment of fine, to undergo simple imprisonment for a period of three months. The learned Special Judge further directed that the substantive sentences shall run concurrently. The said judgment of the learned Special Judge for Economic Offences dated 22.4.2002 was questioned by filing Criminal Appeal No. 156 of 2002 and the learned Metropolitan Sessions Judge, Hyderabad, by his judgment dated 3.2.2004, while concurring with the findings of the Special Judge for Economic Offences has dismissed the Appeal. Hence, this Revision Case is filed by the accused/petitioner. The case of the prosecution in brief is as follows: On information that the petitioner was receiving money and distributing to persons in India under instructions of somebody residing abroad, the officers of the Enforcement Directorate searched the premises of M/s. Dolfin Couriers Private Limited at Dr. No.15-1-419/14, Feel Khana, Hyderabad, on 20.2.1995 and seized Indian currency to the tune of Rs.11,20,000/-apart from incriminating documents from the possession of the petitioner and the petitioner is also said to have admitted in his statement recorded during the course of investigation that he had been receiving the amounts from Riyadh since February, 1994. It is also stated that the statements of some of the recipients of the payments were also recorded by the Enforcement Directorate and adjudication proceedings have been initiated. Heard learned counsel for the petitioner and the learned Public Prosecutor. Having considered the submissions and also pursued the judgment impugned in this revision, this court is satisfied that it is not a case where interference is required. In fact the trial Court as well as the appellate court have given cogent reasons in coming to the conclusion that the petitioner is guilty of the offence, for which he was tried. Accordingly, I do not see any merit in the Revision Case. However, taking the fact that the alleged offence took place as long back as on 20.2.1995 and the petitioner was arrested on the same day and remanded to judicial custody and was in jail for some time and thereafter he was taken into custody when the appeal was dismissed on 3.2.2004 by the appellate court and came out of the jail pursuant to the bail granted by this court on 9.2.2004, it is clear that the petitioner has undergone substantive sentence. Having regard to the fact that the offence dates back to 20.2.1995 and the petitioner had already undergone substantive sentence, this court is of the view that the interest of justice would be met if the sentence of imprisonment awarded by the appellate court is reduced to that of the sentence already undergone. Accordingly, the Criminal Revision Case is dismissed with the modification in sentence of imprisonment from one year under each count to that of the extent already undergone, confirming the impugned judgment in all other aspects. _____________________________ Justice Gopala Krishna Tamada August 4, 2010 MAS