Barun Kumar Chattopadhyay vs Special Director, Enforcement Directorate

Timeline

1. 28 Oct 2026News

   Appeal Against Penal Sanction Rooted In FERA Contravention Maintainable On Criminal Side Under FEMA: Calcutta High Court

   The Court held that using Section 35 of FEMA as the appellate route does not alter the criminal character of a penal liability preserved from the repealed FERA regime.

   Verdictum

   Explanation in simple terms

   What:

   A court ruled that an appeal against a penalty remains a criminal matter even under new laws.

   Who:

   Barun Kumar Chattopadhyay is the appellant, the Special Director is the enforcement agency, and the Calcutta High Court is the court.

   When:

   Reported on 28 Oct 2026.

   Where:

   Calcutta High Court, West Bengal.

   Why:

   The court decided that changing the legal process for appeals does not remove the criminal nature of the original penalty.

   What it means:

   This confirms that the case will be handled under criminal law procedures despite changes in the governing rules.

2. 28 Oct 2026News

   Appeals Against FERA Penalties Maintainable Under Criminal Appellate Jurisdiction: Calcutta High Court

   The Calcutta High Court has held that appeals challenging penalties imposed for alleged contraventions under the Foreign Exchange Regulation Act, 1973 (FERA), can be entertained under its Criminal...

   LiveLaw

   Explanation in simple terms

   What:

   The court ruled that appeals against money law fines can be heard under its criminal review powers.

   Who:

   Barun Kumar Chattopadhyay is the person involved, the Special Director of the Enforcement Directorate is the agency, and the Calcutta High Court is the court.

   When:

   Reported on 28 Oct 2026.

   Where:

   Calcutta High Court, West Bengal.

   Why:

   The court decided that fines for breaking the old foreign exchange rules can be challenged as criminal cases.

   What it means:

   This allows legal challenges regarding these specific financial penalties to be processed through the court's criminal system.