9911796707
TMI Blog2017 (4) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... eal in foreign currency. The petitioner preferred Criminal Revision No 23 of 2016/1 of 2016 and the learned Additional Sessions Judge X, East Champaran at Motihari dismissed the revision petition upholding the validity of the order dated 21.11.2015 passed by the learned CJM. 3 The brief facts, which are relevant for the disposal of this quashing petition, are that one Roshan Kumar alleged that he handed over his voters' identity card and PAN card to Yogesh Mishra, Travel Staff of UAE and Foreign Services Limited (for brevity, the Company) in the month of May, 2014 for preparing the passport. The passport was handed over to the informant but the Staff of the Company did not return the voters' identity card and PAN card of the informant. Lat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be served in detaining the seized foreign currency at the Police Station. The petitioner has got valid licence to deal with foreign currency. His licence was valid up till 31.08.2016 as is apparent from Annexure 2 issued by the Reserve Bank of India, Foreign Exchange Department under Section 42 of the Foreign Exchange Management Act, 1999 (for brevity FEMA). The licence was renewed on 04th January, 2016 till August, 2016. Clause 5 of the aforesaid licence clearly stipulates that if the licensee files petition for renewal of his licence, one month before the expiry of the licence, the licence shall be deemed to be in force unless there is specific order for rejection of licence. Even on the date of search and seizure and institution of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence." 9 From plain reading of Section 451 of Cr P C, it appears that the Court should pass order with regard to the custody or release of the seized articles. Admittedly, the petitioner was having licence to deal in foreign currency and his licence was valid up till 31.08.2016. He applied for renewal of his licence on 04.01.2016, one month before the date of expiry of that licence. From the perusal of Annexure 2 at page 33, it appears that the Reserve Bank of India renewed the licence of the petitioner to deal in foreign currency on 04th January, 2016. The petitioner again applied for renewal of licence and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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