GULAB KANWAR Vs. DIRECTOR ENFORCEMENT

JUDGEMENT

(1.) In this application the petitioner challenges two notices dated the 13th February, 1975 and the 4th August, 1976 respectively issued by the Enforcement Directorate on the basis of violation of certain provisions of the Foreign Exchange Regulations Act, 1947/73. Two similar notices in identical terms one bearing the same date and other a different one were challenged before me in the case of Saroj Kumar Bhotika v. The Director, Enforcement Directorate, Cabinet Secretariat, Deptt. of Personnel & A. R. Govt. of India being Matter No. 486 of 1975.

(2.) By my judgment dated 18th January, 1977, I struck down the said two notices on the grounds fully set out in my judgment.

(3.) Mr. Noni Coomar Chakraborty, learned Advocate appearing on behalf of the respondents does not dispute that so far as the merits of the present petition are concerned they are fully covered by my judgment in Matter No. 486 of 1975 and the Rule should be made absolute on that ground. He however submitted that in view of the provisions of the amended Article 226 of the Constitution of India as introduced by the Constitution (Forty-second Amendment) Act, 1976 the present petition is not maintainable and I should hold it to be so.