Law: Foreign Exchange Regulation Act, 1947

Section: 23

Foreign Exchange Regulation Act (VII of 1947), Ss. 23 & 12 (2)-Delay in repatriation not intentional-Offence under S. 23 held, not committed in circumstances.   JUDGMENT These three appeals have been heard together as the appellant is the same person in these three cases. Appeals Nos. 429, 420 and 431 of 1960 are against the orders of convictions and sentences under section 23 of the Foreign Exchange Regulation Act (Act VII of 1947) passed in Foreign Exchange Regulation Cases Nos. 6, 7 and 13 of 1958 respectively, by Mr. M. H. Ali, Sessions Judge and ex-officio Tribunal; Foreign Exchange Regulation, Sylhet. In Case No. 6 of 1958, the accused M. A. Jabbar Chowdhury was sentenced to rigorous imprisonment for one month and to pay a fine of Rs. 9,199 in default to rigorous imprisonment for four months more. In Case No. 7 of 1958 the accused was sentenced to rigorous imprisonment for one month and to pay a fine of Rs. 14,736 in default to rigorous imprisonment for four months more. In Case No. 13 of 1958, the accused was sentenced to rigorous imprisonment for one month and to pay a fine of Rs. 20,205 in default to rigorous imprisonment for four months more.   In Case No. 6 of 1958 the facts are briefly as follows: Accused M. A. Jabbar Chowdhury & Co., of Zakiganj Bazar, Police-Station Zakiganj in the district of Sylhet exported dry fish to India through Land Customs Station, Sheola on 19-12-56, 19-12-56 and 26-12-56 under I. R. P. 4 Forms Nos. A029661, A029664 and A050141 worth Rs. 6,107, Rs. 1,126 and Rs. 1,966 respectively on the export Applications Nos. 729, 730 and 757 dated 19-12-56, 19-12-56 and 26-12-56 respectively. He made the declara tion in the I. R. P. 4 forms that he would repatriate the export proceeds through his authorised dealer, namely, Habib Bank Ltd., Sylhet branch, within two months from the dates of export. But the accused did not repatriate the sale proceeds in complicity with the foreign buyer within the period men tioned. Notice issued to him under section 23(3) of the Act. In Case No. 7 of 1958 prosecution case is that the accused export ed dry fish to India worth Rs. 5,784 Rs. 3,965 and Rs. 4,987 on 26-12-56, 5-1-57 and…