IN THE HIGH COURT AT CALCUTTA
Arun Kumar Mukherjee and Sabyasachi Mukharji, JJ.
Hindustan Motors Limited & Ors. - Appellants
Versus
T. N. Kaul & Ors. - Respondents
Appeal from Original Order No. 280 of 1970
Decided On : March 25, 1971
Mookerjee, J.: This is an appeal from a judgment and order dated 8 May, 1970 passed by P. K. Banerjee, J. by which an application under Article 226 of the Constitution of India was dismissed. The material facts and circumstances out of which this appeal arises lie in a short compass and are as follows :
2. Hindustan Motors Limited, the petitioner No.1 and hereinafter referred to as the 'petitioner-company' and, sometimes, where the reference in clear, as 'the company' is a well-known manufacturer of automobiles in India with its factory premises situate at Uttarpara in the district of Hooghly. The petitioners Nos. 2, 3, 4 and 5 are variously connected with the petitioner-company, petitioner No.2 being the President, petitioner No.3 a shareholder and also the Vice-President (Finance), petitioner No.4 the Director of Supplies and petitioner No.5 a shareholders and also the Supply Manager of the company. On 4 October, 1969 T.N. Kaul, the respondent No.1 who is an Assistant Director of Enforcement in the Ministry of Finance, Government of India issued various search warrants, often described as 'Authorizations' by which several Enforcement Officers including the respondents Omkar Nath Chattopadhyaya, D.K. Banerjee, S.C. Ghosh, S.K. Ghosh and P.N. Paul who are respectively respondents Nos. 3 to 7 in this Appeal were authorized to conduct a search in various premises of the petitioner company and its executives, including the premises at Uttarpara. These Authorizations which were all in identical language were issued by Kaul in exercise of powers under section 19D of the Foreign Exchange Regulation Act, 1947. I shall hereinafter refer to this Act as the FER Act and; sometimes where the context makes it absolutely clear refer to the section without mentioning the Act. A specimen Authorization, being Authorization No. 236/69 has been set out in paragraph 5 of the petition.
The authorization is reproduced verbatim under hereunder :––
No. 236/69
"Warrant to search premises under section 19D of foreign exchange regulation Act 1947.
Whereas, on careful consideration of the materials placed before me, I.T.N. Kaul Assistant Director of Enforcement have reasons to believe that documents which in my opinion will be useful for or relevant to the proceedings under the Foreign Exchange Regulation Act 1947, are secreted in the premises described in the Schedule below, I hereby authorize Sri O.N. Chattopadhyaya who is an officer of Enforcement to enter the aforesaid premises with such assistance as may be required and search for the seizure of such documents and produce them forthwith before me to be dealt with in accordance with the law.
Given under my hand and seal this 4th day of October, Nineteen hundred and Sixty-nine.
Schedule above referred to :
Hindusthan Motors Ltd., Uttarpara (Hooghly)
Sd/ T. N. Kaul
Asst. Director of Enforcement
Calcutta Branch.
3. On the strength of the said Authorizations search operations were carried out in various places during the period from 4 October, 1969 to 22 October, 1969 with a short break between 17 October, 1969 and 21 October, 1969 when, we are told, the search was suspended because of the Durga Puja Holidays. The search was finally over on 22 October, 1969. Such searches, we have been told further, took place all over India at the premises of various persons and concerns connected with the petitioner company. We are not, however, concerned with all these searches in this case. We are concerned only with the searches that took place at Uttarpara and at the offices of the company at No. 4 and 15 India Exchange Place and at No.11 R.N. Mukherjee Road, Calcutta as well as in the residence of petitioners Nos. 2, 3 and 5 at Uttarpara and at the residence of petitioner No.4 at Calcutta. As a result of the searches a very large number of files, papers and documents were seized. The procedure that was followed seems to be this that at the end of each day's search seizure memos were prepared showing the time of the
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