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1997 Supreme(SC) 1242

A. S. ANAND, K. VENKATASWAMI
C. Sampath Kumar – Appellant
Versus
Enforcement Officer, Enforcement Directorate, Madras – Respondent


ORDER

Leave granted.

2. This appeal is directed against the judgment and order of the High Court dated 28th March, 1996 in Writ Appeal No. 329 of 1996.

3. Summons were issued by the respondent to appellant under Section 40 of the Foreign Exchange Regulation Act, 1973 (hereinafter called as FERA) to appear before him on the fixed date. After putting in certain conditions for his appearance, the appellant appeared before the respondent on 15th May, 1996 when his statement was recorded. His statements were also recorded on 9th July, 1996 and 12th July, 1996. The appellant filed a writ petition in the High Court challenging the issuance of summons to him and in the writ petition precise grievance made was that the appellant cannot be "compelled" to give his statement in writing in connection with an offence under FERA. A learned Single Judge of the High Court after detailed discussion dismissed the writ petition. The appellant took the matter in a writ appeal. The writ appeal by a detailed order, was dismissed at the stage of admission itself. By special leave, this appeal has been filed in this Court.

4. We have heard learned counsel for the parties.

It is not denied that the statements of








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