9911796707
TMI Blog2003 (5) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... section 167(2) of the Criminal Procedure Code. During this time he was interrogated by the Enforcement Directorate, Government of India under the FERA. The statement of the petitioner was recorded and he was again arrested on 16-8-1999. Respondent No. 1 Government of India has issued order of detention dated 26-7-1999 under the provision of section 3(1) of Conservation of Foreign Currency and Prevention of Smuggling Activities Act, 1974. His detention was quashed by the Advisory Board. He was released on 26-10-1999. The documents which were seized continued to be retained by the Assistant Director, Enforcement Directorate. Petitioner submits that the maximum period provided under section 41 of FERA is six months, if proceedings does not com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for personal hearing on 19-7-2001. Another notice P/8 was sent to the petitioner of hearing on 3-8-2001. It appears that the petitioner did not attend and sent the application P/9 for grant of one month time. Petitioner has submitted that since the proceedings have not commenced under section 51 within six months from the date of seizure and section 41 authorizes detention of the documents for six months only, thus continuous detention of the documents is illegal and unauthorized. Process of extension of time is quasi judicial and cannot be exercised unilaterally. 2A. A return has been filed by the respondents that seizure is under section 38 of the FERA. Show-cause notice under section 50 of FREA has been issued. Petitioner has given the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts which have been furnished or seized in pursuance of an order made under sub-section (2) of section 33 or provision of section 34, or section 36 or section 37 or a requisition or summons under section 39 or section 40, any document is furnished is seized and any officer of Enforcement has reason to believe that the said document would be evidence of the contravention of any of the provisions of this Act or any rule, direction or order made thereunder, and that it would be necessary to retain the document in his custody, he may so retain the said document for a period not exceeding six months of it, before the expiry of the said period of six months any proceedings under section 51 have been commenced, until the disposal of those proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner was required to show-cause for violation of section 8 of FERA and why adjudication proceedings under section 51 of FERA should not be held and foreign exchange US $ 19,500 and Rs. 400 be not confiscated under section 63. P/2 is yet another notice for adjudication proceedings. Petitioner was informed as per P/2 that proceedings under section 51 of FREA are to be held against the petitioner in accordance with the procedure laid down in Rule 3 of the Adjudication Proceedings and Appeal Rules, 1974 and fixed the case on 19-7-2001 and another notice P/8 was sent for personal hearing on 3-8-2001. But, the petitioner has not attended even a single hearing before the Assistant Director, Enforcement Directorate, Agra office. 7. The petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce under FERA, the retention of the documents seized automatically stands extended. 9. In Abdul Kader Mahomed Jhaveri v. Union of India AIR 1987 Guj. 176, it was held that if seizure is under section 38 limitation prescribed under section 41 is not applicable, however, documents could not be retained for indefinite period. 10. In Dr. Partap Singh v. Director of Enforcement, FERA AIR 1985 SC 989, the Apex Court has held that provision of section 165(1) is not incorporated in section 37(2) of FERA and until unless search and seizure is illegal, return of seized documents/articles cannot be ordered. 11. In view of the above discussion, it is clear that seizure is under section 38 of FERA for which no limitation is prescribed as to the peri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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