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Issues: Whether the complaint and the material disclosed sufficient grounds to proceed against the petitioner for offences arising out of the alleged attempt to export foreign exchange, and whether the order issuing process was liable to be quashed.
Analysis: The material against the petitioner showed, at the highest, that he was an employee of the travelling agency and had performed limited acts in relation to the hotel-room episode on 25 February 1985. The allegations and the petitioner's retracted statement, even if taken at face value, did not show that he knew of or ed the common design to export foreign exchange on 19 March 1985. The essential ingredient of a single general conspiracy, namely knowledge of and participation in the common object, was missing. The available circumstances could at most suggest limited involvement in an earlier transaction concerning purchase or handling of foreign exchange, which was distinct from the later alleged attempt to smuggle it out. The presumptions under the Customs Act and FERA could not be stretched to supply the missing foundation for the main conspiracy or the later export offence. On the settled principles governing quashing, the complaint, read as a whole, failed to disclose the necessary ingredients for proceeding against the petitioner.
Conclusion: The order issuing process against the petitioner was unsustainable and was liable to be set aside.
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