Summary
In an appeal limited to the Foreign Contribution (Regulation) Act, 1976, the Supreme Court declined to determine the Act’s applicability at the initial stage of the pending prosecution. Adequate evidentiary material was needed. The parties could raise the issue after prosecution evidence, and the Magistrate was directed to decide the longstanding case within one year, uninfluenced by the cited observations.
Issues
- Whether applicability of the FCRA should be conclusively determined before prosecution evidence in the pending criminal case.
Held
- Notice in the appeal was confined to correctness of the High Court order concerning FCRA applicability. (¶ 2)
- Applicability could be more properly decided after prosecution evidence supplied the relevant material. The Court declined to decide it on merits at the initial stage and left the parties free to raise the plea after that evidence. (¶¶ 4, 5, 6)
- The trial court was to record its finding at the appropriate stage while disposing of the case according to law, without being influenced by observations in the High Court order or the present order. (¶¶ 6, 7)
- Because of the longstanding pendency, disposal by the concerned Magistrate was directed within one year of the order. (¶ 7)
Result
Appeal disposed of with FCRA applicability left open for evidentiary determination; Magistrate directed to dispose of the case within one year of the order.