KESHAV BANGUR Vs. UNION OF INDIA

JUDGEMENT

(1.) . Petitioner's prernises was searched on 5.3.1997 u/s 37 of FERA and some documents seized. He has filed this petition for return of these documents. His case is that respondents could not retain these documents beyond one year u/s 41 of FERA and once this period had expired, they were obliged to return these without fail.

(2.) . Respondents' stand is that highly incriminating documents were seized from petitioner and that he had also deposed that he had transferred funds of Rs. 4 crores to one Ashok Kumar Jain as was reflected in these. Since proceedings were commenced Against him, seized documents could not be returned to petitioner till disposal of those proceedings. It is also claimed that proceedings had even been taken against petitioner also and, therefore, the question of returning the documents did not arise.

(3.) . Section 41 of FERA empowers retention of custody of documents pursuant to the action taken under some of the provisions mentioned therein and if the officer of enforcement had reason to believe that these would be evidence of contravention of any provisions of FERA or any rule or direction or order made thereunder, firstly for six months and then for one year and eventually in case any proceedings were started, till the disposal of these proceedings.