2004 (7) TMI 368

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....DE, S.B. SINHA AND A.K. MATHUR, JJ. K.K. Venugopal, Jaideep Gupta, T.R. Andhyarujina, Ms. Vijayalakshmi Menon, Ms. Indu Malhotra, H.D. Petit, U.A. Rana, Arvind Kumar, Sandeep Kharel and Ms. Madhu Singhal for the Appellant. P.P. Malhotra, A.K. Panda, N.K. Malla, Ms. Smita, B.K. Prasad and T.V. Ratnam for the Respondent. JUDGMENT 1. Mr. K.K. Venugopal, learned senior counsel appearing on be....

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....laid down in Velliappa Textiles Ltd.'s case (supra). 3. In this case the company is the 'authorised dealer' within the meaning of section 2(b) of the Act. The authorised dealer indisputably is required to comply with the statutory requirements contained in sections 8, 9 and 49 of the Act read with Chapter X of the RBI manual. The contraventions of the provisions of the Act having allegedly take....

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....against, only because the company cannot be sentenced to imprisonment, in our opinion, the same would not only lead to reverse discrimination but also go against the legislative intent. The intention of the Parliament is to identify the offender and bring him to book. 4. In order to make the statute workable, the Court should, thus have recourse to such principles of interpretation of statute a....

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.... (1) and (2) of section 68 cannot also be punished. 7. We may at this juncture notice that Mr. Malhotra, learned ASG appearing for the respondents submitted that a judgment of conviction and an order of sentence pertain to two different stages of the trial. Learned counsel in support of the said contention drew our attention to section 69 of the Act which provides for certain consequences on th....