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2019 (10) TMI 1276

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..... he legality of the action of the respondents in summoning the petitioners to Jamnagar in connection with an enquiry stated to have been undertaken by the respondents in relation to the export activities of the petitioners, the writ petitions are taken up together for consideration and disposed by this common judgment. 2. The petitioners are a Company and a Partnership firm respectively, engaged in the business of export of seafood. It would appear that they had exported seafood under an Expert Promotion Scheme known as "Merchandise Exports from India Scheme" [MEIS] and the exports were effected through the Calicut and Cochin Airports. The respondents initiated an investigation into the transactions effected by the petitioners, and in that .....

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..... ncy is functioning at the centralised location. It is therefore that the respondents insisted on the petitioners appearance in Jamnagar, where the investigation was initiated, since the Officers of the said Unit are more familiar with the background of the offence being investigated. The respondents would also rely on the decision of the Supreme Court in Dukhishyam Benupani, Asstt. Director, Enforcement Directorate (FERA) v. Arun Kumar Bajoria - [AIR 1998 SC 696] to justify the summons issued to the petitioners and to point out that this Court should not interfere with the choice of venue of the investigating agency. 4. I have heard Sri.Anil D. Nair, the learned counsel fro the petitioners in both these writ petitions as also Sri.Manu.S., .....

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..... nd in such cases the enquiry conducted by the said Officers should not be interfered with. The writ petitions were therefore disposed, directing the petitioners therein to appear before the authorities in Jamnagar for recording of sworn statements on a date mutually convenient to the petitioners as well as the officials to be fixed by the respondent by issue of a notice. Taking cue from the above decision, and finding the situation in these writ petitions to be similar, I dispose these writ petitions, by directing that the petitioners shall appear before the authorities in Jamnagar, for recording of their sworn statement on a date mutually convenient to the petitioners as well as the respondents, to be fixed by the respondents by issuance o .....

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