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2024 Supreme(Cal) 1169

TIRTHANKAR GHOSH
ITC Limited – Appellant
Versus
S. K. Mukherjee – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pradip Kumar Ghosh, Mr. Sandipan Ganguly, Mr. Kaushik Gupta,
Mr. Sourav Bhagat, Mr. Jishnujit Roy.
For the Respondent: Mr. Vipul Kundalia, Mr. Anurag Roy.

JUDGMENT :

Tirthankar Ghosh, J.

1. The present revisional application has been preferred challenging the proceedings being Case No. C-2482/2002 pending before the learned Metropolitan Magistrate, 9th Court, Calcutta under Sections 56 and 68 of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as “ FERA , 1973”).

2. The allegations as made in the petition of complaint, are reproduced as follows:

    “3. On the basis of search warrants issued by the competent authorities of the Enforcement Directorate under Section 37 of Foreign Exchange Regulation Act, 1973 searches were conducted on 30.10.96, 31.10.96, 6.11.96, 10.11.96 and 12.11.96 at the office premises of various Divisions of M/s ITC Ltd./ITC Bhadrachalam Paper Board Ltd. and their associated companies in and at the residential premises of the Chairman, Ex-chairman, Directors and Executives at the Calcutta, Delhi, Bombay, Madras, Guntur, Hyderabad and Secandrabad covering 36 premises in execution of search warrants, a large number of documents were seized as per Panchanama/Search lists/ Mahazar on the respective dates.

    4. That during the course of investigation, documents and information(s) were called for and/or colle

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