STATE REP. BY C.B.I. AND ANR. versus M. KURIAN CHIEF FUNCTIONARY OF THE CROSS

STATE REP. BY C.B.I. AND ANR. versus M. KURIAN CHIEF FUNCTIONARY OF THE CROSS

Deposit of foreign contributions in a bank other than that specified contravenes Section 6(1)(b) of the Act. This violation is punishable under Section 23. Quashing the proceedings would defeat the statutory purpose; criminal prosecution is valid.

Parties
Appellant: STATE REP. BY C.B.I.; Respondent: M. Kurian Chief Functionary of The Cross
Jurisdiction
India
Judgment Date
26 March 2001
Procedural Posture
Criminal Appeal / Appeal From Delhi High Court Quashing of Criminal Proceedings Under Section 482 Cr.p.c.
Outcome
Appeals allowed; High Court order quashing criminal proceedings set aside.
Legal Topics
Foreign Contribution Regulation, Quashing of Criminal Proceedings
Criminal Law Regulatory Law Foreign Contribution Regulation Quashing of Criminal Proceedings

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Parties

STATE REP. BY C.B.I.

Appellant

M. Kurian Chief Functionary of The Cross

Respondent

Procedural Posture

Criminal Appeal / Appeal From Delhi High Court Quashing of Criminal Proceedings Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether deposit of foreign contributions in a bank account other than disclosed violates the Foreign Contribution (Regulation) Act, 1976
  2. 2 Whether violation of terms in statutory forms constitutes punishable offence under Section 23 of the Act

Ratio Decidendi

Deposit of foreign contributions in a bank other than that specified contravenes Section 6(1)(b) of the Act. This violation is punishable under Section 23. Quashing the proceedings would defeat the statutory purpose; criminal prosecution is valid.

Court Disposition

Appeals allowed; High Court order quashing criminal proceedings set aside.

Orders

  • Magistrate directed to proceed with the matter expeditiously.