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2010 Supreme(Mad) 1267

K.VENKATARAMAN
P. Giribabu & Another – Appellant
Versus
The Deputy Director of Enforcement, Directorate of Enforcement, Chennai – Respondent


Advocates Appeared:
For the Petitioners:B. Kumar, Senior Counsel for T. Chezhiyan, Advocate.
For the Respondents: M. Dhandapani, Special Counsel for Enforcement.

Judgment :-

These writ petitions have been filed for mandamus directing the respondent to permit the petitioner to be accompanied by an advocate of his choice when he appears before the respondent in pursuant of the summons issued to them under Section 37 of The Foreign Exchange Management Act, 1999 (FEMA) and recording of statement, though the advocate will be present beyond the hearing distance, if need be.

2. The averments made in the affidavit filed in support of the writ petition in W.P.No.23110 of 2009, in nutshell is set out here under:

(i) The petitioner is a business man and has a jewellery shop under the name of Sri Vasavi Gold & Bullion (P) Ltd., at N.S.C.Bose Road, Chennai. He is assessed to Sales tax and Income Tax. All of a sudden, the officers of the respondent conducted a search in his shop on 23.10.2009. They did not recover any document or any other incriminating material. However, they forcibly took him to the office of the Enforcement Directorate at Sastri Bhavan. What happened at that place was described by him in his communication to the respondent sent by RPAD on 25.10.2009. The advocate of the petitioner was not permitted to meet him. Though, the petitioner

















































































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