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M.K.MUKHERJEE, K.T.THOMAS
Dukhishyam Benupani, Asstt. Director. Enforcement Directorate (FERA) – Appellant
Versus
Arun Kumar Bajoria – Respondent


JUDGMENT

Thomas, J-Leave granted.

2. When the Enforcement Directorate (under Foreign Exchange Regulation Act, for short 'FERA') moved the High Court of Calcutta challenging an order passed by a sessions Judge granting anticipatory bail to the respondent, a Division Bench of the High Court., made the position worse for the Enforcement Directorate (for short the 'Directorate'). It necessitated the Directorate to move this court with the special leave petition.

3. The officials of the Directorate wanted to interrogate the respondent in connection with recovery of certain documents and other materials in raid conducted in the residential premises of the respondent. So they issued summons to the respondent under Section 40 of FERA to appear before the officials at New Delhi. But the respondent, instead of appearing in response to the summons, approached the High Court with a writ petition challenging the summons and praying for interim orders-restraining the officials from proceeding with the summons. A single judge of the High Court, however, refused to grant any interim relief despite repeated motions made by the respondent for that purpose. While the said writ petition was pending th

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