BISHNU KRISHNA SHRESTHA Vs. UNION OF INDIA

JUDGEMENT

(1.) On 10th April, 1986 this writ petition was moved praying for, inter alia, quashing of a search warrant No. C-20/89 of 1986 dt. Mar. 11, 1986 issued under S. 37 of the Foreign Exchange Regulation Act in respect of premises No. 3, National Tower, 13, Louden Street, Calcutta-700 017. The allegation in the writ petition was that the search warrant was used for the purpose of making a roving enquiry and not for the purposes of the Foreign Exchange Regulation Act. It was alleged that there was no ground for issuing the search warrant.

(2.) This writ petition was moved upon notice and Sri S.K. Kundu appeared for the respondents. An order of status quo was passed. The flat in question was directed to be kept under seal. Directions were given for filing of the affidavits.

(3.) A point was taken on behalf of the respondent that the writ petition was unauthorised. The writ petitioner, Bishnu Krishn a Shrestha, was not available in Calcutta and had not signed the petition or affirmed the affidavit. In fact, it was alleged that Sri Bishnu Krishna Shrestha was absconding and the writ petition was entirely unauthorised.