Shri Keshav Bangur vs Union Of India (Uoi) And Ors.
2002 Latest Caselaw 641 Del

JUDGMENT

Khan, J.

1. Petitioner's premises was searched on 5.3.1997 under Section 37 of FERA and some documents seized. He has filed this petition for return of these documents. His case is that respondents could not retain these documents beyond one year under Section 41 of FERA and once this period had expired, they were obliged to return these without fail.

2. Respondents' stand is that highly incriminating documents were seized from petitioner and that he had also deposed that he had transferred funds of Rs. 4 crores to one Ashok Kumar Jain as was reflected in these. Since proceedings were commenced against him, seized documents could not be returned to petitioner till disposal of those proceedings. It is also claimed that proceedings had even been taken against petitioner also and, therefore, the question of returning the documents did not arise.

3. Section 41 of FERA empowers retention of custody of documents pursuant to the action taken under some of the provisions mentioned therein and if the officer of enforcement had reason to believe that these would be evidence of contravention of any provisions of FERA or any rule or direction of order made there under, firstly for six months and then for one year and eventually in case any proceedings were started, till the disposal of these proceedings.

4. L/C for respondents pointed out that now that proceedings had been initiated both against petitioner and Mr. Ashok Kumar Jain (now deceased), seized documents could be retained till the disposal of these proceedings under Section 41.

5. Confronted with this position, L/C for petitioner changed the track and prayed for return of these original documents on the condition that he would furnish attested certified copies before the appropriate authority to replace these. It is not for us to entertain this plea because it was for petitioner to make out a case and show the cause to the Authority/Forum concerned. On this, L/C for petitioner wanted to take this course which results in disposal of this petition by the following order:-

"Petitioner may approach the competent authority/Forum of the Customs Department for return of the seized documents and show cause in support thereof and on so doing, such authority/Forum shall consider his request and pass appropriate orders thereon within one month from receipt of any representation on this."