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Issues:
1. Assailing continuance seizure of documents under FERA. 2. Legality of detention and continued retention of documents. 3. Interpretation of section 41 of FERA regarding custody of documents. 4. Applicability of limitation under section 41 in case of seizure under section 38. 5. Compliance with adjudication proceedings and appeal rules. 6. Co-operation of the petitioner in attending the proceedings. Analysis: Issue 1: The petitioner challenges the continuance seizure of documents under FERA, arguing that the detention is illegal and without authority. The detention was initiated under the Conservation of Foreign Currency and Prevention of Smuggling Activities Act, 1974, but was subsequently quashed. The documents seized were related to the alleged contravention of FERA provisions, leading to the initiation of adjudication proceedings. Issue 2: The respondent justifies the continued retention of documents under section 38 of FERA, arguing that the petitioner's non-participation in the proceedings is a contributing factor. The petitioner contends that the continuous retention of documents is unlawful and requests their release or return, emphasizing the non-commencement of proceedings within six months. Issue 3: The interpretation of section 41 of FERA regarding the custody of documents is crucial. The court clarifies that the limitation of six months under section 41 does not apply when the seizure is under section 38. Documents can be retained until they are relevant or useful for the investigation or proceedings, aligning with the conclusion of the concerned investigation or proceedings. Issue 4: The court distinguishes the present case from previous judgments, emphasizing the initiation of proceedings through notices and the petitioner's non-attendance at hearings. The respondent argues that the petitioner's lack of cooperation hinders the progress of adjudication proceedings, justifying the continued retention of documents until the conclusion of proceedings. Issue 5: The court refers to past decisions to support the commencement of proceedings through notices and the necessity of the petitioner's participation. It highlights that the petitioner's attendance is crucial for the adjudication process to proceed smoothly and concludes that the writ petition lacks merit, dismissing it without costs. In conclusion, the judgment addresses the legality of continued document seizure under FERA, the interpretation of relevant sections, and the importance of petitioner's cooperation in adjudication proceedings. The court emphasizes the necessity of active participation in legal processes and upholds the continued retention of documents until the conclusion of proceedings.
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