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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. MAHADEVAN, J.
Ramu Annamalai Ramasamy & Others – Appellant
Versus
The Special Director Directorate of Enforcement Southern Regional Office "Shastri Bhawan" Chennai & Others – Respondent
Writ Petition Nos. 20224, 20330 & 20356 of 2021 & WMP. Nos. 21478, 21480, 21571, 21603, 21604 & 21903 of 2021
Decided on : 30-11-2021
Constitution of India, 1950 – Article 20, 21 and 226 – Indian Penal Code, 1860 - Section 193 and 228 - Foreign Exchange Management Act, 1999 – Section 37, 3 and 10(6) - Income Tax Act – Section 136 and 131 – Harassment - Writ of Mandamus directing respondents not to cause any physical, mental or verbal harassment to petitioner during pendency of investigation on proceedings in File to furnish copies of statements given earlier by petitioner under Section 37 of Foreign Exchange Management Act, 1999 and (3) to conduct proceedings in File in presence of Advocate appointed by petitioner - Writ of Mandamus directing first respondent to transfer investigation in File to any other officer other than third respondent so that investigation is conducted in a free, fair and impartial manner - WP Petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorari Mandamus to call for records relating to impugned proceedings in File on file of third respondent herein, quash same thereby directing third respondent to produce before this Court entire material evidence pertaining to said proceedings, expunge same, to treat petitioner in a fair manner as envisaged under Act - Whether presence of a lawyer is required at time of making such enquiry – Held, According to petitioners, they were ill-treated and humiliated an subjected to harassment; and statements obtained from them during course of search, were under threat and coercion and the same would be used as material evidence, in the proceedings initiated against them; and they have come up with these writ petitions for larger reliefs as stated supra - It is reiterated on the side of respondents that the entire search operations conducted in premises of petitioners were recorded and the statements were obtained from petitioners without any threat or coercion; and in connection with said proceedings, petitioners were neither arrested nor taken into the custody by respondent officials - This court is of opinion that the submissions so made on the side of respondents would be sufficient enough to meet grievance expressed by petitioners - Overall analysis of facts and circumstances of case and also having regard to settled legal proposition that 'fair and just investigation is a hall mark of any investigation and it is not the duty of investigating officer to strengthen the case of prosecution by withholding evidence collected by him; With aforesaid directions, these writ petitions stand disposed of - Consequently, connected miscellaneous petitions are closed.
JUDGMENT :
(Prayer: WP No. 20224 of 2021:- Petition filed under Article 226 of The Constitution of India praying to issue
(i) Writ of Declaration to declare the entire search operation held in the premises conducted on 02.09.2021 and 03.09.2021 as null and void being violative of Article 21 of The Constitution of India and further declare all statements recorded on the 02.09.2021 and 03.09.2021 as null and void
(ii) Writ of Mandamus directing the respondents (1) not to cause any physical, mental or verbal harassment to the petitioner during the pendency of investigation on the proceedings in File No.T-3/CEZO-1/24/2021 dated 03.09.2021 (2) to furnish copies of statements given earlier by the petitioner under Section 37 of the Foreign Exchange Management Act, 1999 and (3) to conduct the proceedings in File No. T-3/CEZO-1/24/2021 dated 03.09.2021 in the presence of the Advocate appointed by the petitioner
(iii) Writ of Mandamus directing the first respondent to transfer the investigation in File No.T-3/CEZO-1/24/2021 dated 03.09.2021 to any other officer other than the third respondent so that the investigation is conducted in a free, fair and impartial manner.
WP No. 20330 of 2021:- Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings in File No: T-3/CEZO-1/24/2021 dated 08.09.2021 on the file of the third respondent herein, quash the same thereby directing the third respondent to produce before this Court the entire material evidence pertaining to the said proceedings, expunge the same, to treat the petitioner in a fair manner as envisaged under the Act.
WP No. 20356 of 2021:- Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings in File No: T-3/CEZO-1/24/2021 on the file of the third respondent herein, quash the same thereby directing the third respondent to produce before this Court the entire material evidence pertaining to the said proceedings, expunge the same, to treat the petitioner in a fair manner as envisaged under the Act.)
1. These three analogous writ petitions have been filed under Article 226 of the Constitution of India and the issues involved are similar in nature. Hence, it is convenient to dispose of them by this common order. These petitions would, however, be referred to as first, second and third writ petitions.
2.1. The first writ petition viz., WP No. 20224 of 2021 has been filed praying to issue a Writ of
(i) Declaration to declare the entire search operation held in the premises of the petitioner on 02.09.2021 and 03.09.2021 as null and void being violative of Article 21 of The Constitution of India and further declare all statements recorded on 02.09.2021 and 03.09.2021 as null and void;
(ii) Mandamus directing the respondents not to cause any physical, mental or verbal harassment to the petitioner during the pendency of investigation relating to the proceedings in File No.T-3/CEZO-1/24/2021 dated 03.09.2021, to furnish copies of statements given earlier by him under Section 37 of the Foreign Exchange Management Act, 1999 and to conduct the said proceedings in the presence of the Advocate appointed by him; and
(iii) Mandamus directing the first respondent to transfer the investigation in File No.T-3/CEZO-1/24/2021 dated 03.09.2021 to any other officer other than the third respondent so as to conduct the investigation in a free, fair and impartial manner.
The second and third writ petitions viz., WP Nos. 20330 and 20356 of 2021 have been filed praying to issue a Writ of Certiorarified Mandamus to call for the records from the third respondent relating to the proceedings in File No.T-3/CEZO-1/24/2021 and consequently direct the third respondent to produce the entire material evidence pertaining to the said proceedings, expunge the same and treat the petitioners in a fair manner
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