NILRATAN SIRCAR Vs. LAKSHMI NARAYAN RAM NIWAS

JUDGEMENT

(1.) This appeal, on certificate granted by the Calcutta High Court, is directed against an order of the High Court, dated June 20, 1960 reversing the Order of the Chief Presidency Magistrate directing return of certain documents to the respondent, and has arisen in the following circumstances:

(2.) On April 6, 1959, the Chief Presidency Magistrate, Calcutta, ordered the issue of search warrants on the application of the Enforcement Officer, Enforcement Directorate, Ministry of Finance, under sub-s. (3) of S. 19 of the Foreign Exchange Regulation Act, 1947 (Act VII of 1947). The search warrant was issued on May 6, 1959. It required the production of documents seized, before the Magistrate. In execution of the search warrant, a number of documents were seized from the possession of the respondent on May 14, 1959. The Enforcement Officer reported that day that a certain room could not be searched and therefore further action on the search warrant was to be taken. He also noted in his application, for the Chief Presidency Magistrate's information:

(3.) On May 28, 1959, the Enforcement Officer applied to the Chief Presidency Magistrate for permission for the retention of the seized documents for a period of two months for the submission of further report in the matter. The Chief Presidency Magistrate granted the necessary permission. Similar permission was again granted on applications, by the Chief Presidency Magistrate, on July 28 and September 28, 1959.