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1999 Supreme(Cal) 187

DIBYENDU BHUSAN DUTTA, AMIT TALUKDAR
A. K. MURMU – Appellant
Versus
PRASENJIT CHOWDHURY – Respondent


Advocates Appeared:
Ahindra Addya, D.C.Thakur, KAZI SAFIULLA, LALIT MOHAN DUTTA, PRASUN DUTTA

DIBYENDU BHUSAN DUTTA , J.

( 1 ) THIS is an application under Section 439 (2) of the Code of Criminal Procedure for cancellation of bail granted to the opposite parties Nos. 1 and 2 namely Prosenjit Chowdhury and Santanu Deb Roy by the learned Chief Judge, City Sessions Court, Calcutta by order No. 3 dated 26th Nov. 1998 passed in the Criminal Misc. Case No. 527 of 1998. The facts relevant for the purpose of disposal of this application are as follows :the petitioner is an Assistant Director, Enforcement Directorate, Foreign Exchange Regulation Act (for short, 'fera'), Regional Office, Calcutta. To work out an information regarding clandestine deals in regard to transfer of huge amount of foreign exchange under the guise of Import of Jamdani sarees of the low, inferior and non marketable quality, the officers of the petitioner searched on 24th Sept. 1998 the residence -cum-official premises of one Abhijit Chowdhury, the elder brother of the opposite party No. 1, under Section 37 of the Foreign Exchange Regulation Act, 1973 and seized seven highly incriminating documents. From the said documents, the petitioner came to know that both the opposite parties Nos. 1 and 2 were also invo
























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