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TMI Blog2001 (11) TMI 910X X X X Extracts X X X X X X X X Extracts X X X X ..... a complete Code in itself, therefore, for the purposes of investigation the aid of the provisions of the Code cann t be put in service. To support his contention he placed reliance on the decision of Supreme Court in the case of Dukhishyam Benupani v. Arun Kumar Bajorja [1998] 1 SCC 52. In that case the High Court had directed the investigation agency not to arrest the accused and that the interrogations be conducted on the appointed dates, times and also fixed the duration thereof. The Apex Court while setting aside those directions observed that such kind of supervision on the enquiry or investigation under a statute is uncalled for and further observed that making such interference with the functions of the statutory authorities, pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imilar statutes will be completely frustrated if the whims of the person in possession of useful information for the departments are allowed to prevail. 3. Mr. K.K. Sud, Additional Solicitor General, relying on the observation of the Constitution Bench in the case in Romesh Chandra Mehta v. State of West Bengal 1969 (2) SCR 461 and Illias v. Collector of Customs, Madras, 1983 E.L.T. 1427 (SC) contended that the provision of the FERA and the provision of the Customs Act, are in pari materia. The subject of both the Acts is also similar. Therefore, decision of the Supreme Court in cases under the Customs Act would squarely apply to the present case. He further contended that since FERA is a special legislation, hence provision o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... self does not contain any provision with regard to holding an enquiry against a minor or a woman. To enquire from a woman and to investigate a woman under the FERA, the Investigating Officer has to have recourse to the provisions of section 160 of the Code. In the absence of there being any special procedure prescribed regarding conducting of enquiry against a minor or women the FERA has no provision as to how and where they are to be investigated. Hence, the Investigating Officer cannot but have recourse to section 160 for recording their statements. To support his contentions he placed reliance on the decision of the Supreme Court in the case of Directorate of Enforcement v. Deepak Mahajan AIR 1994 SC 1775. 5. In order to apprecia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Arabia to Singapore. She filed reply to the notice issued by the respondent No. 2 on 14-5-1997. She furnished all the documents and also stated that she had no hesitation in joining the investigation. She was, however, never told for what purpose she was called by the respondent No. 2 though she tried to ascertain the same from the respondents. The notice was vague. It did not indicate in what case she was to be investigated nor the petitioner could ascertain whether the investigation qua the case was pending against her. She apprehended that her husband must have used a blank paper got signed from her in order to falsely implicate her. 6. It is in this background she approached this Court with a request that she be interrogated as p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on under the Statute or could the High Court give a blanket order to arrest when any investigation is going on ? The Apex Court opined that the High Court couldn t direct that the investigation should not be carried out without the assistance of a lawyer or a friend, but that is not the case at hand. In the case at hand, the direction regarding investigation at her residence as sought because of the proviso to section 160 is reproduced as under : " Police Officer s power to require attendance of witnesses (1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o where the investigation of woman is to be carried out. Therefore, in the absence of any provision available in the special enactment, the provision of the Code would apply as laid down under section 4(2) of the Code. In this respect reference can be made to the decision of the Supreme Court in the case of Deepak Mahajan (supra) . In this case, the Apex Court held that the operation of section 4(2) is straightaway attributed to the areas of investigation, enquiry and trial of offences under the special laws including the FERA and the customs. Section 4 is comprehensive and that section 5 is not in derogation of section 4(2). It only relates to the extent of application of the Code in the matter of territorial and other jurisdiction but do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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