PRAKASH CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner carried on business of the handicrafts and jewellery at Mirza Ismail Road, Jaipur in the name of 'Gem Palace', a partnership concern, till 15-11-76. On 20th and 21st Nov., 1974 a search was conducted by the I.-T.O. at the business premises of Gem Palace as well as at the residence of the petitioner and a number of documents were also seized from the residence of the petitioner (and) were taken over, by the authorities of the Enforcement Directorate under the Foreign Exchange Regulation Act, 1973 (in short 'FEAR') from the I.-T.O. on the ground that the seized documents revealed violation of the Foreign Exchange Regulation Act.

(2.) The case of the petitioner further is that he was arrested on 28-11-74 but on that very day he was admitted to bail by the Chief Judicial Magistrate, Jaipur in the sum of Rs. 10 lakhs. Thereafter the petitioner appeared on several dates before the learned Chief Judicial Magistrate from 3-1-75 to 19-5-76 but no complaint or charg-sheet was filed against the petitioner for any offence under the FERA and the Chief Judicial Magistrate was compelled to close the case. During this period the petitioner was examined by the Enforcement Officers and on 17-11-75 five show cause notices for initiating adjudication proceedings were issued.

(3.) It has been further alleged by the petitioner that in July, 1977 while the petitioner was on a religious tour, he was taken seriously ill and was admitted in the Sawai Man Singh Hospital at Jaipur as an indoor patient for retention of urine, haematuria and general failing of his health. On 17-7-1977 the petitioner learnt in the hospital that there was some warrant of arrest against him and accordingly the petitioner requested some one attending upon him to inform the Inspector General of Police, Rajasthan, Jaipur about his being an indoor patient in the urology ward of the said Hospital at Jaipur and that he was not in a position to move about.