9911796707
TMI Blog1971 (1) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... conveyed by the Sub Inspector, Mundakayam (1st respondent) to the Enforcement Officer, Enforcement Directorate, Ministry of Home Affairs, Government of India, Trivandrum that the 2nd respondent had received the payment of the said amount from persons by order or on behalf of persons residing outside India in contravention of the provisions of Section 5(1)(c) of the Foreign Exchange Regulation Act, 1947 and the said amount was meant for payment to some other persons by order, or on behalf of persons resident outside India in contravention of the provisions of Section 5(1)(c) of the said Act. Later, the 2nd respondent was produced by the S. I. before the Sub Divisional Magistrate, Kanjirapally along with the said amount of ₹ 4,04,95 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... September, 1970. has refused the petitioner's prayer for disbursement to him of the amount and directed the 2nd respondent and the four other persons mentioned by him to adduce evidence in support of their claim. The learned Magistrate has also made it clear that each side will be at liberty to impeach the evidence produced by the other side by cross-examination of the witnesses etc. It is against this order that the Enforcement Officer has come up in revision. 2. On a careful and anxious consideration of the matter, I am of the view that the learned Magistrate has misdirected himself in directing the parties to adduce evidence. The Magistrate is not expected to inquire into the matter, because the offence stated to have been committ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, but such an inquiry is not contemplated in the present instance for the obvious reason that the property is not claimed by the Enforcement Officer as a rival claimant. They are asking for custody of the article only for the purpose of investigation. It is only in certain circumstances that the property recovered from the possession of a person may be handed over to some other person, such as when the person from whose possession the property is recovered denies that it was recovered from his possession. Such a situation might arise in those cases where some stolen property is recovered and the plea of the person from whose possession it is recovered is that it was planted, or where the property is recovered from the possession of a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required by the person to be subjected to the search, and this right will be lost to him if in the instant case, the money is straightway handed over to the Enforcement Officer by the court. Under Sub-section (4) of Section 19-A the person will be entitled to a discharge, if he succeeds in satisfying the officer that there is no reasonable ground for such search. But none of these questions need detain the court now, as the stage of the search is already over. The search was already made by the Sub Inspector and the article was seized and if the magistrate is to disburse the money to the accused, he could immediately be arrested with the money by the Enforcement Officer the moment he gets out of the premises of the court and in such a situa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the appellants were detained by an order dated November 7, 1962 of the Commissioner of Police under the Preventive Detention Act. On November, 10 that order was revoked and another order for their detention was made by the Government under the Defence of India Rules and served on the appellants in jail. The Supreme Court observed: In these circumstances, it would be in our opinion, an empty formality to allow the appellants to go out of jail on the revocation of the order of November 7, and to serve them with the order dated November 10, 1962, as soon as they were out of jail. So also in the present case, it would be an empty and meaningless formality for the court to release the prisoner with the money, and allow the Enforcement Of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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