LALIT KUMAR MODI Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant is aggrieved by the judgement dated 16.01.2013 delivered by a learned single Judge of this court in W.P.(C) 376/2012 whereby the said writ petition was dismissed. In the said writ petition, the appellant/ petitioner had inter alia sought a writ of Certiorari for quashing and / or setting aside the order dated 31.10.2011 passed by the respondent No. 2 (Chief Passport Officer) and the order dated 03.03.2011 passed by the respondent No. 3 (Regional Passport Officer).

(2.) The order dated 03.03.2011 which had been passed by the Regional Passport Officer was one whereby the passport of the appellant was revoked. The order dated 31.10.2011 was passed by the respondent No. 2 (Chief Passport Officer) in an appeal under Section 11 of the Passports Act, 1967 (hereinafter referred to as =The Passports Act') which had been preferred by the appellant from the revocation order passed by the respondent No. 3 on 03.03.2011. By virtue of the order dated 31.10.2011, the appellant's appeal was rejected by the respondent No. 2.

(3.) The facts giving rise to the present appeal need to be set out. An investigation was being conducted against inter alia the appellant under the provisions of the Foreign Exchange Management Act, 1999 (hereinafter referred to as =FEMA'). In connection with the said investigation a summons had been issued to the appellant by the Assistant Director, Directorate of Enforcement, in purported exercise of his powers under Section 37(1) and 37(3) of FEMA read with Section 131(1) of the Income-tax Act, 1961 and Section 30 of the Code of Civil Procedure, 1908. The said summons was as under:-