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Ashok Kumar Aggarwal Vs. Neeraj Kumar [22/11/13]

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[Criminal Appeal No. 1839 of 2013]. This appeal has been preferred against the impugned judgment and final order dated 30.07.2007 passed by the High Court of Delhi at New Delhi in Contempt Case (Criminal) No. 8 of 2007 rejecting the said application filed by the appellant. The appellant had been working as Deputy Director, Enforcement of Delhi Zone under the Directorate of Enforcement from 6.11.1996, and in that capacity, he conducted raids on various suspects under the provisions of Foreign Exchange Regulation Act (FERA), 1973 including one S.C. Barjatya, an alleged Hawala operator, as he had received an information that an amount of US$ 1.5 lakhs had been transferred from the account of Royalle Foundation in Swiss Bank Corporation, Zurich to the account of one S.K. Kapoor in HSBC Bank, Hong Kong. Subsequently, the said Shri S.C. Barjatya filed a complaint that the above transaction is forged and he is being falsely implicated. In view thereof, case No. RC S18/E0001/1999 was registered on 29.1.1999 against unknown officers of the Enforcement Directorate (hereinafter referred to as 'ED') and while enquiring into this complaint, the statements of various other persons were recorded. Passport of the appellant was seized on 4.3.1999. The statement of one Abhishek Verma was recorded under Section 161 of Code of Criminal Procedure, 1973, (hereinafter referred to as 'Cr.P.C.'), who had been arrested in that case.

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