BAVAJEE FAKKIR MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) On March 12, 1966, the Sub Inspector of Police at Chengannur found the petitioner in Crl. R. P. No. 211 of 1966 travelling in a taxi with Rs. 25,000 odd in currency notes and certain documents of strange contents. As he could not account for his possessions, the Sub Inspector suspected some sharp practice and therefore seized the documents the term documents in this judgment includes currency notes and arrested the accused. On information obtained from him, the Circle Inspector, Chengannur, went to the house of the petitioner in Crl. R. P. 236 of 1966 and recovered another sum of Rs. 11, 000 in currency cotes the same day. All the documents thus seized were sent to the Court of the Sub Magistrate, Chengannur. After investigation, the Police reported to the Magistrate that no crime cognizable by them could be detected and that they suspected the accused to be a member of an international gang engaged in violations of the Foreign Exchange laws. The petitioners herein moved for return of the documents seized from them respectively. On information passed by the Police, the Enforcement Officer, Enforcement Directorate, Cochin, intervened in the proceedings before the Sub Magistrate, Chengannur, and moved for delivery to him of some of the documents (inclusive of all the currency notes) kept in the custody of the Court; and the Sub Magistrate has allowed the same, repelling the counter motions by the petitioners. The petitioners challenge those orders in these petitions for revision thereof.

(2.) In his application, the Enforcement Officer made clear that the documents sought were "to facilitate investigation under the Foreign Exchange Regulation Act, 1947." Along with the application he produced in Court a letter dated April 7, 1966, of the Deputy Director, Enforcement Directorate, Government of India, Madras, which reads thus:-

(3.) S.19D of the Foreign Exchange Regulation Act, 1947-1964 hereinafter 'the Act', for short - reads: