9911796707
TMI Blog1987 (3) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... e property. The prosecution was launched against the petitioner under section 56 of the Foreign Exchange Regulation Act, 1973, on June 26, 1986, and the same is pending in the court of the Additional Chief Metropolitan Magistrate, New Delhi. The petitioner says that he was called for investigation/examination by the authorities under the Foreign Exchange Regulation Act, who had directed him to appear before them along with the current passport and other documents. The passport was taken possession of by the investigating officer under the Foreign Exchange Regulation Act, 1973, when the petitioner visited the officer concerned. This was on April 11, 1986. The petitioner further says that the passport has not been returned, and has been ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to in sub section (2). (4) The Gazetted Officer of Enforcement or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. (5) Before making a search under the provisions of this section, the officer of Enforcement shall call upon two or more persons to attend and witness the search and may issue an order in writing to them or any of them so to do; and the search shall be made in the presence of such persons and a list of all documents seized in the course of such search shall be prepared by such officer and signed by such witnesses. . (6) No female shall be searched by any one excepting a female. " ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of the counsel for the petitioner that the said pass port No. B-311527 dated March 3, 1986, cannot be useful or relevant to commission of offence in the year 1985, or be relevant to commission of any offence in the year 1985 simply because the same did not even exist on the date when the alleged offences are said to have taken place. Counsel for the petitioner has said that in case the passport of the petitioner is required by the investigating officer, he is ready and willing to give the passport relative to the year 1985, to the authorities concerned. That is for the authorities to decide. As far as I am concerned, it is sufficient to say that, for the purposes of sections 34 and 38 of the Foreign Exchange Regulation Act, passport No ..... X X X X Extracts X X X X X X X X Extracts X X X X
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