FERA case: HC directs lower court to order ED to share docs with TTV

Justice M V Muralidharan, who allowed the petition challenging the order of the Additional Chief Metropolitan Magistrate (Economic Offences-II), here declining to issue copies of certain documents, said “The prosecution has also not pleaded, and it is not their case that the production of documents sought for by the Revision Petitioner would be nothing but the production of case dairy.” 

“In the considered opinion of this Court when the prosecution itself has not come forward with such a plea, a duty is cast upon the concerned Court to order the prosecution to furnish the documents sought for by the revision petitioner. Hence the revision petition is allowed by directing the trial court to direct the Enforcement Directorate to furnish the documents as sought for by the Revision Petitioner.”

The Judge also dispensed with the appearance of Dhinakaran except when it is only ordered by the trial Court.

During the earlier hearing the ED had filed a counter affidavit stating that the documents sought by Dhinakaran cannot be provided to him as it has been barred under the CrPC and also under Foreign Exchange Regulation Act (FERA), 1973. 

The matter relates to the allegation that Dhinakaran acquired foreign exchange without obtaining prior permission from the Reserve Bank of India and deposited it in the current account of Dipper Investments Ltd, a company incorporated in the British Virgin Islands, and having account with Barclays Bank, Sutton, United Kingdom.