Writ petition filed for return of seized foreign currency and report on investigation progress. Court held that currency release depends on adjudication under FEMA and granted six months to complete investigation while ensuring opportunity of hearing.
Six months further time granted to complete the investigation pending adjudication.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 25TH DAY OF MARCH 2019 / 4TH CHAITHRA, 1941
WP(C).No. 3909 of 2019
PETITIONER/S:
SAJIMON K, PROPRIETOR,UNITED MONEY CHANGERS,AIRPORT PLAZA,CALICUT AIRPORT POST,KONDOTTY, MALAPPURAM DISTRICT.
BY ADV. SMT.P.K.RADHIKA
RESPONDENT/S:
1 UNION OF INDIA, MINISTRY OF FINANCE,NEW DELHI-110001.
2 THE DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE,KENDRIYA BHAVAN,M.S.BABURAJ ROAD,CALICUT-673003.
R1 & R2 BY ADV. SMT.KRISHNA S., CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3909 of 2019 2
JUDGMENT
Petitioner is a proprietary concern dealing with money exchange and has license for the same, issued by the Municipal Corporation. Petitioner has also authorization from 2014 to purchase foreign currencies under restricted money changing agency agreement dated 16.05.2017, with M/s.Thomas Cook (India Ltd, TCIL, Calicut). For onward remittance to M/s.Thomas Cook after preparing statement containing the full details of the currencies in hand, petitioner has sorted and bundled the currencies and thereafter, taken the same to the travel agency which was run by the petitioner himself.
WP(C).No. 3909 of 2019 3
thereafter. It is thus seeking the following
reliefs, this writ petition is filed.
“(a) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to report the progress of the enquiry pursuant to the seizure effected on 21.09.2018 before this Honourable Court.
(b) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent No.2 and the officials under the 2nd respondent to return the foreign currency seized from the petitioner pending enquiry or disposal of this writ petition.
(c) Issue a writ of mandamus to the 2nd respondent to act upon Ext.P4 representation and furnish all relevant records to the petitioner.
(d) Issue any appropriate writ or order directing the 1st respondent to constitute a team of higher officials to expedite the enquiry and conclude the proceedings within a time frame.
(e) Grant such other relief sought from time to time which this Hon'ble Court deems fit and proper including the cost of these proceedings.”
WP(C).No. 3909 of 2019 4
WP(C).No. 3909 of 2019 5
granted to complete the investigation. So also, I have no reasons to think that before the adjudication proceedings are finalized, petitioner will not be given sufficient opportunity of participation in the proceedings by serving copies of all documents relied upon by the 2nd respondent. The writ petition is disposed of accordingly.
Sd/- SHAJI P.CHALY
JUDGE
uu 25.03.2019
WP(C).No. 3909 of 2019 6
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LICENSE DATED 17/6/17 ISSUED BY THE KONDOTTY MUNICIPALITY EXHIBIT P2 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED UNDER THE PROVISION OF THE KERALA SHOP AND COMMERCIAL ESTABLISHMENT ACT 1960
EXHIBIT P3 A TRUE COPY OF THE TERMINATION LETTER DATED 19/9/18 EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY REGISTERED POST DATED 3/10/18
EXHIBIT P5 A TRUE COPY OF THE ASSESSMENT FOR THE YEAR 2017-2018.
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether the writ court should direct the Enforcement Directorate to return seized foreign currency pending adjudication.
Whether a specific time frame should be prescribed for concluding the investigation proceedings.
1 provisions across 1 enactments
Sajimon K
Union of India
The Deputy Director, Enforcement Directorate
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
