DEPUTY DIRECTOR ENFORCEMENT Vs. ANOOP KUMAR

JUDGEMENT

(1.) THE Deputy Director Enforcement, Enforcement Directorate Foreign Exchange Regulation Act, Government of India, 39-A, Green Park, Jalandhar, has filed this petition under Section 482 of the Code of Criminal Procedure against the order dated 6. 3. 1985 of the learned Additional Chief Judicial Magistrate, Jalandhar whereby he refused to remand the respondent to judicial custody.

(2.) THE facts which gave rise to this petition are that on 5-3-1985 the officers of Enforcement Directorate, Jalandhar, intercepted Anoop Kumar respondent and recovered foreign currency from his possession. The foreign currency was seized since it was found to be in the possession of the respondent in contravention of the provisions of the Foreign Exchange Regulation Act, 1973, and the respondent was arrested by the Enforcement Officer under Section 35 of the said Act. As required under Sub-section (2) of Section 35 of the aforesaid Act, the respondent was produced by the Enforcement Officer before the learned Additional Chief Judicial Magistrate before whom the Enforcement Officer made an application on 6-3-1985 praying therein that the respondent be remanded to judicial custody. The learned Magistrate declined this prayer of the Enforcement Officer and, while relying upon a Division Bench judgment of the Delhi High Court reported as Dalam Chand Baid v. Union of India, 1982 Criminal Law Journal 747, passed the impugned order dated 6-3-1985 in the following terms :

(3.) MR. Ashok Aggarwal, learned counsel for the petitioner, has placed reliance on a Division Bench judgment of the Gujarat High Court at Ahmedabad passed in Special Criminal Application No. 585 of 1982 [shri N. H. Dave, Inspector of Customs v. Shri Mohamed Akhtar Hussain Ibrahim and Ors.- 1984 (IS) ELT 353 (Guj. ). Their lordships of the Gujarat High Court, in their elaborate judgment in Shri Mohamed Akhtar Hussain Ibrahim's case (supra) came to a finding in the following terms :