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1975 Supreme(Cal) 201

SABYASACHI MUKHARJEE
NEW CENTRAL JUTE MILLS CO. LTD. – Appellant
Versus
T. N. KAUL – Respondent


SABYASACHI MUKHARJI, J.

( 1 ) THE petitioner is a public limited company under the Companies Act, 1956. The petitioner owns two jute mills, i. e. Albion Jute Mills and Lothian Jute Mills at Budge Budge in West Bengal and a factory at Varanashi in Uttar Pradesh known as Sahu Chemicals and Fertilisers. Messrs. Sahu Jain Ltd. , was at all material times the managing agents of the petitioner, On Monday, the 13th May, 1961, there was a search at the premises No. 11, Clive Row, Calcutta and the search continued on the 14th and 15th May, 1968 and certain documents and papers were seized. The propriety of the search and the validity of the seizure are the subject-matters of challenge in this application under Article 226 of the Constitution. The search was conducted by virtue of an authorisation issued by the respondent No. 1 Assistant Director, Enforcement Directorate, Ministry of Finance under Section 19-D of the Foreign Exchange Regulation Act, 1947. As a result of that search certain documents were seized. I am told that after the seizure, there was an adjudication proceeding under Section 19-E of the Foreign Exchange Regulation Act, 1947, and there was an appeal preferred which is pe





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