GAURI SHANKER Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the non-return of 6 kgs of gold and Indian currency amounting to Rs. 1,49,000/- seized from the business premises of the Petitioner on 11th July 2005 by the Officers of the Enforcement Directorate ("ED?) the Petitioner has approached this Court under Article 226 of the Constitution.

(2.) The case of the Petitioner is that he is a Director of M/s. J.P. Goel & Sons Pvt. Limited. On 11th July 2005 the business premises of the Petitioner were searched by the Officers of the ED. During the course of search, 6 kgs of gold and Indian currency in the sum of Rs. 1,49,000/- were seized. A copy of the panchnama dated 11th July 2005 has been enclosed. It is submitted that thereafter, despite numerous representations of the Petitioner for release of the gold as well as the Indian currency, there was no response from the ED. The Petitioner contends that the seizure was illegal since Section 3 of the Foreign Exchange Management Act, 1999 ("FEMA Act?) permits seizure only of foreign exchange. In other words, it is submitted that officers of the ED had no authority to seize either gold or the Indian currency. Despite the passage of over four and half years since then not even a show cause notice has been issued to the Petitioner.

(3.) It is further submitted that although search proceedings were conducted under Section 37 of the FEMA read with Section 132 of the Income Tax Act, 1961 ("IT Act?), there was no authority to detain indefinitely the seized gold and Indian currency without issuing any show cause notice to the Petitioner.