HARIPADA GUPTA Vs. THE STATE

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge, under Section 438 of the Criminal P. C., with a recommendation that the order of the learned Magistrate refusing to refund to the petitioner Pakistani currency seized from him by the Police, be set aside and replaced by an order for its refund to the petitioner, and arises out of a proceeding under Section 19(3) of the Foreign Exchange Regulation Act, 1947.

(2.) THE facts, briefly stated are these: It is an admitted fact that the petitioner, Haripada Gupta, who is a refugee from East Bengal, has been dealing in foreign exchange without an authority as required by Section 3 of the Act, though he has applied for such an authority and the matter is still pending. Order 12 -5 -1958 he was proceeding to Calcutta by air with notes worth Rs. 46170/ - out of the said foreign currency for getting it exchanged into Indian currency, and at the Agartala air -port made a declaration to the Custom authorities, that he was carrying with him, this amount of foreign currency.

(3.) THE learned S. D. M. that very day granted the prayer for a search warrant and issued a search warrant to the Officer -in -charge, authorising him to search for documents and foreign currency notes etc., the business premises of the petitioner.