Foreign Exchange Regulation Act, 1973 (FERA)

The Directorate of Enforcement arrested Deepak Mahajan under Section 35 of the Foreign Exchange Regulation Act (FERA) and produced him before a magistrate, who ordered his judicial remand under Section 167(2) of the Criminal Procedure Code (CrPC). Mahajan challenged the magistrate's jurisdiction, relying on the earlier…

Thirumalai Chemicals Ltd imported goods in 1996 and, due to a bank error, the required exchange control documents were not forwarded to the RBI, leading to penalty orders under FERA. The company sought to appeal these orders after FEMA came into force, filing belated appeals in 2004 before the Appellate Tribunal under …

The petitioners challenged the constitutional validity of Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), which authorises preventive detention of persons whose activities are prejudicial to the conservation or augmentation of foreign exchange. They argu…