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Criminal · Reportable judgment

C.B.I. vs Pratap Chandra Reddy

Court
Supreme Court of India
Date
11 December 2018
Case No.
Ciminal Appeal No. 601 of 2009
Result
Disposed
Bench
Abhay Manohar Sapre, Indu Malhotra
Citation
[2018] 14 S.C.R. 924 : 2018 INSC 1186
Supreme Court Reports [2018] 14 S.C.R. 924 : 2018 INSC 1186
Headnote

Foreign Contribution (Regulation) Act 1976 – Applicability of – Held: In the instant case, the matter was pending in the trial Court in relation to certain offences alleged to have been committed by the respondent, which were punishable under the Penal Code, 1860 and FCRA – Insofar as applicability of the provisions of the FCRA were concerned, the same could be decided properly only after the evidence is adduced by the prosecution and the material is brought on record by means of evidence against the appellant in the case – It is not appropriate to examine the issue at this stage in these proceedings – The parties can raise this plea of applicability of FCRA only after the prosecution adduces the evidence on merits – Trial Court to records its findings at that stage in accordance with law – Penal Code, 1860.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is filed against the final judgment and order dated 04.10.2006 passed by the High Court of Delhi at New Delhi in Criminal Revision Petition No.115 of 1999 whereby the High Court allowed the revision petition filed by the respondent herein. 2. By order dated 26.03.2007, this Court issued notice limited to the question on the correctness of the High Court’s order so far as it relates to the applicability of Foreign Contribution (Regulation) Act 1976 (hereinafter referred to as the “FCRA”). 3. We heard the learn
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