LAWS(J&K)-1973-12-4

GH MOHD Vs. ASSISTANT DIRECTOR, ENFORCEMENT

Decided On December 03, 1973
Gh Mohd Appellant
V/S
Assistant Director, Enforcement Respondents

JUDGEMENT

(1.) THE Petitioners in this wit Petition have prayed for a declaration that the issuance of the search warrant, the search and the seizure of all the documents described in Annexure ËœAâ„¢ to this petition, are illegal ultra vires and mala fide, and have further prayed that the respondents be directed not to proceed ahead with any such proceeding and for a further direction that the respondents should return all the documents seized which have been detailed in Annexure ËœAâ„¢ to this petition.

(2.) THE relevant facts which have given rise this present petition briefly stated are as follows : -

(3.) THE respondents have filed a counter affidavit in which there is no denial of this fact that there was a search of the premises and the documents had been seized but it has been urged that the respondents have only discharged the duties cast on them under the Act and the petitioners by filing this writ petition are trying to stop the proposed enquiry and that the petitioners are entitled to participate in the enquiry and get the account books etc. released and unless the enquiry is completed no order for the release of the documents seized can be passed by the respondents.