G GANAPATHISUBRAMANIAN Vs. CHIEF ENFORCEMENT OFFICER ENFORCEMENT DIRECTORATE GOVERNMENT OF INDIA SHASTRI BHAVAN CHENNAI

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C to call for the records in E.O.C.C.No. 503 of 2002 on the file of Additional Chief Metropolitan Magistrate, Economic Offences Court, E.O.II, Chennai and quash the proceedings.) The petitioner has filed the above Criminal Original PETITION to call for the records in E.O.C.C.No. 503 of 2002 on the file of Additional Chief Metropolitan Magistrate, Economic Offences Court, E.O.II, Chennai and quash the proceedings.

(2.) THE prosecution case is as follows: THE respondent/complainant filed the case against ten accused persons on an alleged offences under Sections 18(2), 18(3) r/w. 68 of the Foreign Exchange Regulation Act, 1973, punishable under Section 56(1)(i) of the said Act, r/w. Sub Section 3 and 4 of Section 49 of the Foreign Exchange Management Act, 1999. THE complainant stated that on the basis of reference from the RBI and Intelligence collected search operations under Section 37 of Foreign Exchange Regulation Act were carried out at the premises of the first accused, M/s. M.V.R.Industries Ltd, and its group companies situated at 5th floor, 'Rayala Towers', No,781, Mount Road, Chennai-2 and certain other connected premises on 26.09.1996. Search was also conducted in certain other premises on 7/8.11.1996. As a result of the above searches, certain documents were seized. THE said search was conducted in ten places of the accused persons.

(3.) DURING the course of investigation, it was learnt that the Central Bureau of Investigation, Chennai, who were probing the Indian Bank Scam had searched the premises of M.V.R.Group of Companies in India and had recovered certain documents. Those documents were kept in the custody of Economic Offences Wing of C.B.I, Chennai and Bank Securities, Fraud Cell, C.B.I, Bangalore.