LILADHAR MEHTA Vs. ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) The Petitioner is a British National. When he had visited India on 10th December, 1989, he was staying at Hotel Regency situated at Napensea Road, Bombay 400 006. At that time, the officers of the Respondent No.1, Enforcement Department came to his room for searching the premises and the person of the Petitioner, at early hours of 10.12.1989. They conducted a thorough search on his person, his luggage and the room in the hotel where the petitioner was staying. It was alleged that the Respondent No.1 had received information that the Petitioner and one Shri Vijay Bhuwania were conspiring for disbursement of export proceedings otherwise than in the prescribed manner. All the documents found in the possession of the petitioner, including personal diary were minutely examined. The search was completed and a Panchanama was drawn by the officers. Nothing was taken and seized. The Petitioner was produced before the learned Chief Metropolitan Magistrate, 8th Court, Bombay on 11th December, 1989 and the respondent No.1 made a remand application being R.A. No.1278 of 11.12.1989. The Petitioner sought to challenge the said remand application by way of this writ petition.

(2.) None present for the petitioner though the matter was adjourned to several times. Mr. Mehta counsel for Respondent No.1 Enforcement Directorate, showed me letter dated 24.09.1980 sent by Asst. Director, Enforcement Directorate, showing that show cause notice was issued to the petitioner for adjudication and the matter has been adjudicated by an order dated 12.12.1996 and penalty of Rs. 50 lakhs has been imposed. It also reveals from that letter that the Complaint CC 6/5/95 dated 4.1.1995 has been filed in the Magistrate's Court against the petitioner. It is also mentioned that whether the petitioner is in India or not is not known. In view of the subsequent development, I do not think any order could be passed in this writ petition.