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    <title>2013 (3) TMI 507 - MADRAS HIGH COURT</title>
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    <description>&quot;Otherwise acquiring&quot; foreign exchange under FERA requires material beyond physical possession to connect the accused with ownership or acquisition without RBI permission. Currency seized from premises occupied by the accused did not establish that it belonged to him, particularly where connected income-tax proceedings had accepted that it belonged to another person and found no proof of exclusive ownership. As no additional evidence supported the charge, the prosecution could not rely solely on seizure or defer the evidentiary deficiency to trial. Discharge was warranted, and the revision resulted in the accused being relieved from trial under FERA.</description>
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      <description>&quot;Otherwise acquiring&quot; foreign exchange under FERA requires material beyond physical possession to connect the accused with ownership or acquisition without RBI permission. Currency seized from premises occupied by the accused did not establish that it belonged to him, particularly where connected income-tax proceedings had accepted that it belonged to another person and found no proof of exclusive ownership. As no additional evidence supported the charge, the prosecution could not rely solely on seizure or defer the evidentiary deficiency to trial. Discharge was warranted, and the revision resulted in the accused being relieved from trial under FERA.</description>
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