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1996 Supreme(Online)(Mad) 1

MADRAS HIGH COURT
, J
Vijayaraj Jain v. Union of India
Writ Petition No. 9380 of 1994 | Writ Petition No. 9539 of 1994



Advocates:
For the Appellants/Petitioners: Mr. C. R. Raghavan, Mr. T. M. Prakash
For the Respondents: Additional Central Government Standing Counsel

The Enforcement Directorate's actions under the Foreign Exchange Regulation Act were deemed lawful, given the justified reason to believe that violations had occurred, affirming the legality of the searches and the subsequent detention without improper coercion.

Headnote:(A) Foreign Exchange Regulation Act, 1973 - Sections 35, 37 and 40 - Writ petitions filed challenging the legality of search and seizure operations carried out by Enforcement Directorate, claiming no reasonable belief existed for such actions and violations of constitutional rights occurred during arrests - Enforcement Officers conducted searches based on previous suspicious activity, leading to the seizure of Rs. 3,21,800/- from the petitioners' shop, which was alleged to be trade balance, but no satisfactory explanations were offered for its source - The court examined the procedures followed, and found the actions of the Enforcement Directorate were justified under the statutory provisions. (Paras 3, 8, 10, 64-68)

(B) Constitutional Law - Article 21 - Argument made alleging violation of the fundamental right to personal liberty due to wrongful detention and improper conduct of Enforcement Officers - The court asserted that procedural safeguards must be followed, but found no undue coercion or violation of legal provisions in the officer's actions, ruling the arrests and subsequent statements valid. (Paras 4, 56-64)

(C) Procedural fairness - Court ruled that the challenges posed regarding the lack of issuance of specific reasons prior to search warrants did not hold, in light of statutory provisions allowing discretion for enforcement officials. (Paras 70-74)

Findings of Court:
The court concluded that there was indeed sufficient rationale for the actions taken by the Enforcement Directorate, and upheld the validity of search and seizure actions conducted on the petitioners.

Issues: The main issues included whether there was sufficient reason for purported belief leading to the search and seizure, and the legality of the subsequent arrests in relation to constitutional rights.

Ratio Decidendi: The court clarified that a reasonable belief does not need to meet a 'legal microscope' standard but must be grounded in rational, supportive material; judicial review is limited to confirming existence rather than evaluating sufficiency of those grounds.

Result: Writ petitions dismissed, and the Enforcement Directorate's actions validated.

Table of Content
1. petitioners' background and allegations. (Para 1 , 2)
2. grounds for questioning legality of raids and seizures. (Para 3 , 4 , 13)
3. court's observations on the legality of proceedings. (Para 10 , 14 , 21 , 24)
4. legal arguments against search and seizure procedures. (Para 16 , 17 , 18 , 37)
5. court's interpretation of 'reason to believe' in enforcement actions. (Para 31 , 34 , 42 , 50 , 72 , 78)
6. conclusion and orders regarding the writ petitions. (Para 85 , 87)

1.Writ Petition No. 9380 of 1994 is filed by Bhabootmal Jain and his household servant Vagharam Choudhary. The said writ petition was filed on 16-5-1994 on the following allegations.

2. It is alleged in the affidavit filed in support of the petition that the petitioners are law abiding citizens, and the first petitioner has retired from active business activities since past three years. The first petitioner has stated in the affidavit that his three sons are engaged in stainless steel business, dealing only in indigenous goods. It is said that the first petitioner's eldest son Vijayaraj is the proprietor of a firm 'VIJAYA STEEL CENTER' at No. 11 / C - 1, Ekambareswaram Agraharam, Madras - 3. According to the first petitioner, after visiting a nearby Jain Temple in the morning, he generally used to sit in the shop for some time, for the past more than 3 years. The petitioner No. 1 states in his affidavit that the petitioners have been constrained to take exception to the misuse of provisions of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as ( FERA ) by a number of over enthusiastic Enforcement Officers under the sway of the fickle mistress that absolute power happens to be, against some luckless victims, like the petitioners. It is stated that the petitioners have fallen into the bad books of the Enforcement Officers. There was a raid on 1-10-1993 in the shop belonging to the elder son Vijayaraj Jain. Nothing incriminating could he recovered, though a Mahazar was prepared on that day. It is averred that after a lapse of more than seven months, the respondents, with a number of other Enforcement Officers, repeated the same exercise without any reasonable or probable cause, simultaneously at the residence of the first petitioner and the shop of his eldest son at Ekambareswarar Agraharam on 10-5-1994. At that time, the first petitioner was not present in the house. His second son Khimraj Jain was present throughout. It is said that the second respondent and a couple of other Enforcement Officers ransacked the whole house. They commenced the raid at about 1.30 p.m. and continued the search till about 3.00 p.m. on 10-5-1994, They did not find any incriminating material whatsoever. Still, the Enforcement Officers arrested the first petitioner's second son Khimraj Jain from the house, to falsely implicate him in a white collar offence to be foisted on him through his involuntary statement recorded during the late hours of 10-5-1994 night, in Shastri Bhavan. It is said that while the respondents were kind enough to give a copy of the Mahazar drawn at the house on 10-5-1994, they refused to give a copy of the statement dictated by them and written by the first petitioner's son Khimraj Jain, for reasons best known to them. It is further said that Khimraj will separately agitate about his illegal arrest and detention by the Enforcement Officers. The first petitioner has further stated in the affidavit that respondents 2 and 3, with a number of other Enforcement Officers, conducted a raid at the shop of Vijayaraj Jain, at a time when he was absent. It is stated that the petitioners were present during the fateful time of raid on 10-5-1994, which had commenced around 11.45 a.m. The Enforcement Officers did not find any incriminating material in the shop. However, from the Office situated in the first floor, they seized a sum of Rs.3,21,800/- in Indian currency. According to the first petitioner, the said office room was locked by his son Vi








































































































































































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