How to defend an Enforcement Directorate (ED) case?

Описание: The Directorate of Enforcement was established in the year 1956 with its Headquarters at New Delhi. It is responsible for enforcement of the Foreign Exchange Management Act, 1999 (FEMA) and certain provisions under the Prevention of Money Laundering Act. Work relating to investigation and prosecution of cases under the PML has been entrusted to Enforcement Directorate. The Directorate is under the administrative control of Department of Revenue for operational purposes; the policy aspects of the FEMA, its legislation and its amendments are within the purview of the Department of Economic Affairs. Policy issues pertaining to PML Act, however, are the responsibility of the Department of Revenue. Before FEMA became effective (1 June 2000), the Directorate enforced regulations under the Foreign Exchange Regulation Act, 1973.

The Enforcement Directorate is a multidisciplinary institution tasked with enforcing the terms of two special fiscal laws: the Foreign Exchange Management Act (FEMA) of 1999 and the Prevention of Money Laundering Act (PMLA) of 2002. Hence, it is important to lay down the penalties for the offenses under both Acts. Further, it is also important that a person charged under any of these Acts is well aware of the nature of the liability of the offenses of both Acts along with the burden of proof and provisions of bail if any.

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