https://www.taxtmi.com/caselaws?id=181392 Offences under the Foreign Exchange Regulation Act, 1973 that are declared noncognizable but punishable with imprisonment up to seven years are treated as nonbailable. The text distinguishes the Act from the Central Excise Act, 1944, noting that the latter contained an express bail and forwarding mechanism for arrested persons, while the Foreign Exchange Regulation Act contains no comparable provision. Section 35 authorises arrest, and Section 62 makes the offences noncognizable, but neither provision creates a bail scheme. In the absence of an express or implied statutory bail mechanism, the classification in the Second Part of Schedule I to the Code of Criminal Procedure, 1973 applies, resulting in nonbailable treatment. en-us Fri, 22 May 2015 00:00:00 +0530 Sat, 07 May 2016 12:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=181392 Offences under the Foreign Exchange Regulation Act, 1973 that are declared noncognizable but punishable with imprisonment up to seven years are treated as nonbailable. The text distinguishes the Act from the Central Excise Act, 1944, noting that the latter contained an express bail and forwarding mechanism for arrested persons, while the Foreign Exchange Regulation Act contains no comparable provision. Section 35 authorises arrest, and Section 62 makes the offences noncognizable, but neither provision creates a bail scheme. In the absence of an express or implied statutory bail mechanism, the classification in the Second Part of Schedule I to the Code of Criminal Procedure, 1973 applies, resulting in nonbailable treatment. Case-Laws FEMA Fri, 22 May 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=181392