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HC ruled that FEMA's enactment does not provide immunity from IPC prosecution for underlying actions involving foreign exchange transactions. The ED's search and subsequent FIR registration was valid. While the ED's arrest was legally compliant, the Delhi Police's arrest was deemed invalid due to insufficient specific grounds. The court quashed the Delhi Police arrest, directing the petitioners' release on personal bonds of Rs. 5 lacs each, with two sureties, subject to trial court satisfaction. The core legal principle established is that civil regulatory infractions under FEMA do not automatically shield parties from criminal prosecution under IPC for preparatory or related criminal acts.
HC ruled that FEMA's enactment does not provide immunity from IPC prosecution for underlying actions involving foreign exchange transactions. The ED's search and subsequent FIR registration was valid. While the ED's arrest was legally compliant, the Delhi Police's arrest was deemed invalid due to insufficient specific grounds. The court quashed the Delhi Police arrest, directing the petitioners' release on personal bonds of Rs. 5 lacs each, with two sureties, subject to trial court satisfaction. The core legal principle established is that civil regulatory infractions under FEMA do not automatically shield parties from criminal prosecution under IPC for preparatory or related criminal acts.
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