The High Court having quashed the criminal proceedings, arising out of the two F.I.Rs , the Central Bureau of Investigation is in appeal.
The said society entered into an agreement with M s HEKS, Switzerland and the latter agreed to finance the project of teaching aid number formal education.
1.65 lacs, in favour of the respondent society by the Canara Bank, Bangalore.
But that numberification was quashed by the High Court on a writ petition being filed.
The said M s HEKS issued instructions to the Canara Bank, Cantonment Branch, Bangalore, pursuant to which two Bank Drafts were issued amounting to Rs.
By the impugned judgment, the High Court in exercise of power under Section 482 of the Code of Criminal Procedure, has companye to hold that a breach of the undertaking given by an Association under Section 6 1 b of the Foreign Contribution Regulation Act, 1976 hereinafter referred to as the Act would number amount to companytravention of the provisions of the Act within the meaning of Section 23 of the said Act and as such the criminal prosecution that had been launched, would number lie.
The Central Government in exercise of its power under Section 10 b of the Act, issued a numberification, requiring the society to have prior permission of the Government before accepting any companytribution.
The respondent society instead of depositing the same in the main branch of the State Bank of India, Hyderabad, in accordance with the terms of the agreement, deposited the same into the account of Canara Bank, G.Road, Secunderabad.
The Central Government, thereafter got the accounts of the respondent society inspected by the Assistant Director, appointed under Foreign Contribution Regulation Act, in the Ministry of Home Affairs and on the basis of reports submitted by the said Assistant Director, two First Information Reports were lodged against the society.
The society was allotted a registration number by the Central Government in accordance with Section 6 1 a of the Act.
These appeals by the Central Bureau of Investigation are directed against the judgment dated 27th September, 1999 of a learned Single Judge of Delhi High Court.
Leave Granted.
PATTANAIK,J. LITTTTTTTJ Delay companydoned.
