9911796707
TMI Blog1998 (1) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... t Directorate under the Foreign Exchange Regulation Act, 1973 (`FERA' for short) conducted a seized certain documents which they considered very useful for unearthing instances of large scale FERA violations. The said raid was followed by a few other raids and the Enforcement Directorate (for convenience it is referred to as the Directorate ) has now started investigation into the alleged FERA violations against the respondent involving millions of US Dollars. Summons were issued to the respondent to appear before the Directorate for interrogation. On 5-1-1997 respondent left India. Though summons were repeated many times respondent did not reciprocate to any one of them and instead he moved the Section Court of Delhi for anticipatory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dition that such arrest shall be subject to the opinion of the cardiologists of the All India Institute of Medical Sciences (AIIMS) . Learned single judge further observed that in case the Directorate considers custodial interrogation of the respondent necessary it should approach the Director, AIIMS to constitute a Board of cardiologists to examine the respondent , and if the said Board reaches the opinion that custodial interrogation is not feasible in that event it will be open to the officials to interrogate him under that care of the doctors at the AIIMS. Studded with such conditions learned single judge modified the order of the Sessions Court. The Directorate has filed this appeal aggrieved by such conditions, and the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... immune from arrest on even interrogation simply on account of his physical conditions. No doubt investigating officials of the Directorate are duty bound to bear in mind that the respondent has put forth a case of delicate health conditions. They cannot overlook it and they have to safeguard his health while he is in their custody. But to say that interrogation should be subject to the opinion of the cardiologists of the AIIMS and that the officials of the Directorate should approach the Director of AIIMS to constitute a Board of cardiologists to examine the respondent etc. would, in our opinion, considerably impair the efficient functioning of the investigating authorities under FERA. The authorities should have been given freedom to chal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments for questioning the persons concerned because respondent is not availing himself for effective interrogations during the said statutorily limited time schedule in spite of extension of the period permitted by FERA. It was submitted by both the senior counsel appearing for the respondent that respondent would not ask for return of the seized documents on the expiry of the said time schedule. But such a concession from the respondent may not help the Directorate because of the statutory limitation contained in Section 41 of FERA. Since the period fixed for return of the seized documents would have expired for no lapse on the part of the officials of the Directorate, we are of the considered opinion that public interest should not s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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