The Kerala High Court directed the Directorate of Enforcement to complete its investigation within three months. If no violation is found, the court ordered the immediate release of Rs.20,50,000 seized from the second petitioner.
Completion of investigation within three months; release of seized amount forthwith if no violation is found.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 2ND DAY OF JUNE 2016/12TH JYAISHTA, 1938
WP(C).No. 11204 of 2016 (A)
PETITIONER(S):
1. V.K.ABDUL NAZAR, AGED 39 YEARS, S/O.UMMER, VARIKOTTIL HOUSE, KALLINGAL, KALPAKANCHERRY P.O., MALAPPURAM DISTRICT.
2. JUNAID, S/O.SAIDALIKUTTY, KUDUKKIL HOUSE, THALAKKADATHUR P.O., THARAYIL, TIRUR, MALAPPURAM DISTRICT.
BY ADVS.SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL)
RESPONDENT(S):
1. THE ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, 3RD FLOOR, KENDRIYA BHAVAN, M.S.BALU RAJ ROAD, KALLAI, KOZHIKODE, PIN-673 003.
2. THE AJUDICATING AUTHORITY AND DEPUTY DIRECTOR OF ENFORCEMENT, DIRECTORATE OF ENFORCEMENT, MINISTRY OF FIANANCE, GOVERNMENT OF INDIA, 3RD FLOOR, KENDRIYA BHAVAN, M.S.BALU RAJ ROAD, KALLAI, KOZHIKODE, PIN-673 003.
BY ADVS.SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL SMT.C.G.PREETHA, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 11204 of 2016 (A)
APPENDIX
PETITIONER(S)' EXHIBITS
P1: TRUE COPY OF THE DAY BOOK MAINTAINED BY THE PETITIONERS.
P2: TRUE COPY OF THE FINAL REPORT FILED BY THE 1ST RESPONDENT DATED 15.07.2014.
RESPONDENT(S)' EXHIBITS
NIL.
TRUE COPY /
P.S. TO JUDGE
PJ
P.B. SURESH KUMAR, J.
W.P.(C).No. 11204 of 2016
Dated this the 2nd day of June, 2016
JUDGMENT
A sum of Rs.20,50,000/- was seized from the second petitioner by the Police suspecting violation of the provisions contained in the Foreign Exchange Management Act, 1999 ('the Act' for short). The amount seized from the second petitioner was later placed at the disposal of the Judicial First Class Magistrate Court-I, Tirur. On receipt of notice from the said court, the Directorate of Enforcement initiated proceedings against the petitioners under the Act. The investigation commenced against the petitioners is yet to be over. According to the petitioners, the amounts seized from the second petitioner belong to
W.P.(C).No. 11204 of 2016
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the first petitioner and that the petitioners have not violated the provisions of the Act. The petitioners, therefore, seek a direction to the respondents to release the amounts seized from them.
as also the learned Central Government Counsel for the respondents.
circumstances of the case as also the submissions made by
the learned counsel on either side, I deem it appropriate to
W.P.(C).No. 11204 of 2016
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dispose the writ petition as follows:
i) The Directorate of Enforcement shall complete the investigation commenced against the petitioners within three months from the date of receipt of a copy of this judgment.
ii) If it is found in the investigation that the petitioners have not violated the provisions contained in the Act, the amounts seized from the second petitioner shall be released to him forthwith.
Sd/-
P.B. SURESH KUMAR JUDGE
bpr
2 issues framed by the court
Whether the Directorate of Enforcement must complete the investigation against the petitioners within three months.
Whether the seized amounts should be released if the investigation finds no violation of the Act.
1 provisions across 1 enactments
V.K.ABDUL NAZAR
JUNAID
THE ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT
THE AJUDICATING AUTHORITY AND DEPUTY DIRECTOR OF ENFORCEMENT
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
