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1997 Supreme(Guj) 245

S.D.PANDIT
Lilaram L. Revani – Appellant
Versus
R. D. Gandhi – Respondent


Advocates Appeared: M.B.AHUJA, R.C.Jani, S.R.DIVETIA

S. D. PANDIT, J.

( 1 ) LILARAM A. Revani, a resident of Baroda has filed the present petition under Sec. 438 of the Code of Criminal Procedure.

( 2 ) RESPONDENT No. 1 Shri R. D. Gandhi, Chief Enforcement Officer, Enforcement directorate, got an information on 14-4-1997 that the present petitioner and his brother mangaram are dealing in foreign currency without holding any valid licence issued by reserve Bank of India and they are carrying out the said business in their two shops titled as M/s. Janu Emporium and M/s. Vijay Stores. On getting the said information, he carried out a raid on the shop of M/s. Janu Emporium which is owned by the present petitioner and at the time of the said raid, the petitioners brother Mangaram was present there and at the time of the raid, they found foreign currency in U. S. $ 9355/- and Indian currency of Rs. 4. 80 lacs. When the said, search and raid was going on, it is the claim of the respondent No. 1 that, one person had come there to sell U. K. $ 230/- and the said amount was also seized and the statement of the said person was also recorded and thereafter, the petitioners brother Mangaram was detained by respondent No. 1. Respondent No. 1 issue











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