Caught in 1994 for ‘financial crime’, man acquitted at 60

The Magistrate Court in Mumbai recently acquitted a 60-year-old man from charges of attempting to illegally transfer foreign currency (Deutsche Mark and Swiss Franc) worth Rs 70 lakh to Dubai in 1994.

The court acquitted Pawan Kumar Choumal on the ground that the investigating agency, Enforcement Directorate (ED), failed to follow the Foreign Exchange Regulation Act (FERA). Also, the agency, ED, failed to provide relevant documents to show if Choumal was an authorised dealer in foreign exchange.

The prosecution during the trial claimed that based on a tip-off airlines officials searched Choumal who was travelling to Dubai by Cathy Pacific Air on October 30, 1994. They found foreign currency worth Rs 10 lakh concealed in the handle of his bag. Airlines officials offloaded him from the flight and in a personal search found foreign currency of Deutsche Mark and Franc worth around Rs 70 lakh.

The prosecution said Choumal accepted that he was carrying foreign currency to Dubai for Rasik bhai who had a shop at Darr Dubai. He also said one Raju has provided him the money at the airport. The prosecution also claimed that Choumal in his past five trips, too, carried foreign currency to Dubai for Rasik bhai.

Advocate Ravi Hirani appearing for Choumal told magistrate SV Sahare that Choumal has been falsely implicated. The Magistrate based on the defence’s argument agreed that as per provision in the law, it is mandatory to issue notice to accused giving him an opportunity to show if he has permission to deal in foreign currency.

However, in this case, ED had nothing on record to show that they provided the arrested accuse such an opportunity to show the relevant documents. The judge ordered that since the investigating agency had not followed the rule, he was acquitting Choumal.