SANKAR PRASAD MITRA, SALIL KUMAR DATTA
HASIMARA INDUSTRIES LTD. – Appellant
Versus
COMPANY LAW BOARD – Respondent
Sankar Prasad Mitra, C.J. :- In a application under Article 226 of the Constitution which was heard by Mr. Justice P.K. Banerjee, the petitioner, Hasimara Industries Ltd. (the appellant before us) challenged the validity of a search warrant which the Chief Presidency Magistrate of Calcutta had issued on June 14, 1971. Banerjee, J. 13, 1973 has dismissed the application. The present appeal is directed against that judgement.
2. Between July and September, 1970 the Officers of the Directorate of Inspection Company Law Board posted in Calcutta inspected under Section 209(4) of the Companies Act, the books of account, documents and papers of Britannia Engineering Co, Ltd. and some other Companies forming the McLeod Group of Companies now known as the Bajoria Group of Companies. In course of this inspection according to the respondents it appeared from the books of account that the Directors and persons carrying on or contacting the business of the Bajoria Group of Companies acting in conspiracy with each other had committed various illegalities which amounted to cognizable offences punishable under Sections 406/409/420/468/477-A and Section 120-B of the Indian Penal Code.
3. On
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