BIMAL KUMAR KHERIA Vs. ASST. DIRECTOR

JUDGEMENT

(1.) THIS writ application has been filed for orders on the respondents to return a sum of Rs. 10,50,000/ - (rupees ten lakh fifty thousand) seized from the petitioners under a seizure memo, dated February 22, 2011, a copy of which has annexed to the writ petition as Annexure "P -2". According to the petitioners, on or about 22nd February, 2011, a search was conducted by the officers of the Enforcement Directorate, Foreign Exchange Management, at the office premises of the petitioners at 33/1, Netaji Subhas Road, Kolkata -700001 and a sum of Rs. 10,50,000/ - was seized.

(2.) ACCORDING to the petitioners, the full amount of Rs. 10,50,000/ - was duly reflected in the cash book of the petitioners lying at their office premises. Particulars of the cash balance as per cash book on February 22, 2011 have been given in Paragraph 4 of the writ petition, cash balance appears to have been in excess of Rs. 10,00,000/ -.

(3.) ON February 22, 2011, summons was issued to the: petitioner No. 1 calling upon him to personally attend the office of the Deputy Director of Enforcement Directorate on February 23, 2011 to give evidence and to produce books of account and other documents specified in the Schedule to the said summons. There is not a whisper anywhere of the allegation against the petitioner for which search and seizure was carried out and the currency notes were seized.