1987 (3) TMI 461 - HC - Companies Law

Summary

Issues:
- Petitioner seeking the release of passport retained by authorities under the Foreign Exchange Regulation Act, 1973.
- Authorities claiming the passport as case property in connection with a pending prosecution.
- Interpretation of sections 34 and 38 of the Foreign Exchange Regulation Act, 1973.
- Relevance of the passport issued in 1986 to the offenses allegedly committed in 1985.
- Decision on the return of the passport to the petitioner.

Analysis:
The petitioner filed a writ petition seeking the release of his passport, which was retained by the authorities under the Foreign Exchange Regulation Act, 1973, in connection with a pending prosecution. The respondents argued that the passport was case property relevant to the ongoing case against the petitioner. The authorities relied on sections 34 and 38 of the Act to justify the retention of the passport by the investigating officer.

The court examined the provisions of sections 34 and 38 of the Foreign Exchange Regulation Act, 1973, which empower investigating authorities to seize documents relevant to investigations. The petitioner had been issued show cause notices for alleged offenses dating back to 1985, while the passport in question was issued in 1986. The court agreed with the petitioner's counsel that the 1986 passport could not be relevant to offenses committed in 1985, as it did not exist at the time of those offenses.

The petitioner expressed readiness to provide a different passport relevant to the offenses of 1985 if required by the authorities. The court held that the 1986 passport, being unrelated to the offenses in question, should be returned to the petitioner. It directed the petitioner to follow the appropriate procedure to reclaim the passport from the court where it had been submitted in connection with the case. The court ruled in favor of the petitioner, ordering the return of the passport and leaving the parties to bear their own costs.