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Issues:
1. Petitioner seeking return of seized currency notes under Foreign Exchange Regulations Act, 1973. 2. Initiation of adjudication proceedings under Section 51 of the Act within one year of seizure. 3. Interpretation of the term "giving" in the context of serving a show cause notice. 4. Legal implications of retaining seized documents beyond one year. 5. Applicability of case laws in determining the return of seized currency notes. 6. Decision on the return of Indian currency notes seized from the petitioner. Analysis: 1. The petitioner sought the return of currency notes amounting to Rs. 21,830/- seized by the Enforcement Directorate, citing contravention of Section 41 of the Foreign Exchange Regulations Act, 1973, as no proceedings had been initiated within one year of the seizure. 2. The key issue revolved around whether the proceedings under Section 51 of the Act were initiated within one year of the seizure, as no specific time limit was prescribed for commencing adjudication proceedings under Section 51. The petitioner argued that mere despatch of a notice did not constitute giving a reasonable opportunity for representation. 3. The interpretation of the term "giving" in serving a show cause notice was crucial in determining the commencement of adjudication proceedings. Case laws highlighted the importance of actual communication of the notice to the concerned person for it to be considered as given. 4. The court examined the legal provisions regarding the retention of seized documents beyond one year, emphasizing that adjudication proceedings must commence within the stipulated time frame to justify the retention of the documents. 5. The judgment referenced relevant case laws, including a Supreme Court ruling, to assert that the Enforcement Directorate must adhere to the law and return seized documents if adjudication proceedings were not initiated within the prescribed period, irrespective of subsequent proceedings. 6. Ultimately, the court partially allowed the writ petition, ordering the return of the seized Indian currency notes to the petitioner. However, it stipulated that the currency could be retained for four months pending adjudication proceedings, after which it must be returned unless ordered otherwise by the court handling proceedings under Section 56 of the Act.
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