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1976 Supreme(Mad) 507

P.S.KAILASAM, BALASUBRAMANYAN
Enforcement officer, Enforcement Directorate, Madras – Appellant
Versus
S. O. Arjunan Chettiar – Respondent


Advocates:
K. Parasaran, Advocate General and K. Alagiriswami, for Appellant; M.R.M. Abdul Karim, for Respondents.

Judgement

KAILASAM C. J.:- This appeal is preferred by the Enforcement Officer, Enforcement Directorate, Madras, against the judgment of Ramanujam, J. in W. P. 6771 of 1975 dated 16-7-1976 directing him (Enforcement Officer) to return the documents seized from the first respondent herein.

2. On 13-9-1974, the residential premises of the first respondent was searched. Three fixed deposit receipts of the first respondent were recovered. One was in the name of one Vaidyalingam Chettiar. A statement was recorded from the first respondent. On 1-11-1974, the Deputy Controller of Reserve Bank was asked to block the operation of the fixed deposit receipts. The Deputy Controller by his order dated 5-11-1974, blocked the operation of the fixed deposit receipts. On 19-5-1975, the first respondent was directed under S. 40 of the Foreign Exchange Regulation Act, 1973, to appear before the officer on 25-5-1975. The matter was adjourned to 16-6-1975. Fresh summons was issued on 31-5-1975. In the meantime, the first respondent filed W. P. 4259 of 1975, questioning the validity of the summons. On 19-6-1975 this Court issued a rule Nisi and directed stay of operation of the summons. The first responde















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