Prima facie charge under foreign exchange law upheld where record showed strong suspicion of unauthorised receipt of funds.

At the stage of framing charge under the Foreign Exchange Regulation Act, the court will not weigh evidence as at trial; a prima facie case founded on a strong suspicion from the record is sufficient. On the materials before the Magistrate, including the complaint, pre-charge evidence, bank records and the communication attributed to the account holder, there was adequate basis to infer that the petitioner had received funds linked to foreign exchange transactions without prior Reserve Bank of India permission. The defence plea required evidentiary appreciation and could be tested at trial, so revision interference was unwarranted and the order framing charge stood.

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Issues: Whether the order framing charge under the Foreign Exchange Regulation Act, 1973 called for interference in revision on the ground that the materials did not disclose a prima facie contravention of section 8(1).

Analysis: The material before the Magistrate, including the complaint, pre-charge evidence, bank records and the communication attributed to the account holder, was sufficient to create a strong presumptive view that the petitioner had received funds linked to foreign exchange transactions without the previous permission of the Reserve Bank of India. At the stage of charge, the evidence is not to be weighed as if at trial, and a strong suspicion founded on the record can justify framing of charge. The defence raised by the petitioner required appreciation of evidence and could be examined during trial, but did not displace the prima facie satisfaction recorded by the Magistrate.

Conclusion: No interference was warranted with the order framing charge; the challenge failed.

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