Law: Foreign Exchange Regulation Act, 1947

Section: 23,23-A(3),(d)

Law: Criminal Procedure Code (V of 1898)

Section: 498

(a) Foreign Exchange Regulation Act (VII of 1947), Ss. 23 & 23-A (3) (d)-Act not classifying offences as bailable or non-bailable or as cognizable or non-cognizable- Offence under S. 23 punishable with imprisonment for less than three years held, to be non-cognizable and bailable-Magistrate or Tribunal cannot order detention of accused in police custody where offence is bailable-High Court's power under S. 498, Cr. P. C. to admit any person to bail not taken away or restricted by Foreign Exchange Regulation Act,1947-Criminal Procedure Code (V of 1898), S. 498.   The offences under the Foreign Exchange Regulation Act, 1947 have not been classified in the Act itself as bailable or non-bailable or as cognizable or non-cognizable. Under Schedule II of the Code of Criminal Procedure, 1898, offences against laws other than the Penal Code are to be treated as non-cognizable and bailable if punishable with imprisonment for one year and upwards but less than 3 years. Under section 23, Foreign Exchange Regulation Act, 1947, the offence is punishable with imprisonment for a term which may extend to two years or with fine or with both. The offence is, therefore, non-cognizable and bailable.   The Foreign Exchange Regulation Act, 1947, never meant to treat the offence under the Act as a non-bailable 9ffence. A Magistrate and the Tribunal which has been invested with the powers of a Magistrate cannot order the detention of a person in police custody in the matter of an offence which is a bailable one.   If the Legislative Authority meant to treat the offence under section 23, Foreign Exchange Regulation Act, 1947, as a non bailable offence, it could have said so in clear and unambiguous terms There is nothing in the Act to say that the powers of the High Court under section 498. Criminal Procedure Code to admit a person accused of an offence under the said Act to bail have been restricted or taken away.   (b) Interpretation of statutes-Penal statutes to be construed strictly-Words not used by Legislature cannot be imported into statute-Interpretation leading to ridiculous results to be discarded.   Dil Mir v. Azad J. & K. Government P L D…