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2001 Supreme(Del) 1641

C.K.MAHAJAN, USHA MEHRA
ASMITA AGARWAL – Appellant
Versus
ENFORCEMENT DIRECTORATE – Respondent


Advocates Appeared:
NAVIN MATTA, PI.KI A.A.D, Y.P.NARULLA

USHA MEHRA

( 1 ) A very interesting point has been raised in this petition as to whether the provisions of the criminal Procedure Code would apply to an investigation carried out under Foreign Exchange Regulation Act,1973 (called the FERA ). Mr. K. K. Sud, Additional Solicitor general appearing, for the respondents, No. 1 and 2 contended that FERA is a complete Code in itself therefore, for the purposes of investigation the aid of the provisions of the Code of Criminal Procedure cann t be put in service. To support his contention he placed reliance on the decision of Supreme Court in the case of Dukhishyam benupani Vs. Arun Kumar Bajorja 1996 (1) SCC 52. In that case High Court had directed the investigation Agency not to arrest the accused and that the interrogations be conducted on the appointed dates, times and also fixed the duration thereof. The Apex Court while setting aside those directions observed that such kind of supervision on the enquiry or investigation under a statute is uncalled for and further observed that making such interference with the functions of the statutory authorities particularly when such authorities are exercising their power under the law is not permi









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