NDLI: Directorate of Enforcement Vs. Ashok Kumar Jain and Vice Versa

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1973: Section 41 Foreign Exchange Regulation Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Foreign Exchange Regulation Act, 1947 (7 of 1947)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Foreign Exchange Regulation Act, 1973: FERA violations-By a person with deterioration health-Custodial interrogation of-High Court imposed conditions that the Enforcement Directorate should approach Director, AlIMS to constitute a Board of Cardiologists and in case Board found custodial interrogation not feasible, Directorate should interrogate such a person under the care of doctors at AlIMS-Held: Modality stipulated by the Court for conducting such interrogation improper-Further, in such a case the authorities should be given freedom to chalk out necessary measures to protect the health of such a person.· Section 41-Seized documents-Retention of-Time limit for-Extension by Supreme Court Documents seized from premises of accused-Repeated summons issued to accused but instead of appearing he moved Sessions Court for anticipatory bail-By the time the matter of anticipatory bail came up before Supreme Court extended time limit for retention of documents expired-Consequently Enforcement Directorate disabled to use seized documents for questioning persons concerned resulting in futile interrogation of appellant-Held : Jn the circumstances of the case, as there was no lapse on the part of the officers of Directorate statutory time limit extended for a further period of six months in public interest by Supreme Court-Constitution of India, 1950, Art. 142. Section 41-Seized documents-Retention of-Time limit for-Extension of-With consent of person from whose premises documents were seized Question left open.The officials of the Enforcement Directorate under the Foreign Exchange Regulation Act, 1973 (FERA) conducted a raid in the residential premises of the respondent and seized certain documents considered useful for unearthing large scale FERA violations Repeated Summons were issued to the respondent to appear before the Directorate for interrogation but instead of appearing the respondent moved the Sessions Court for anticipatory bail. In the application for anticipatory .bail the respondent highlighted his deteriorating health as the main ground for granting him bail. However, the Sessions Court dismissed the application. The respondent moved the High Court challenging the aforementioned order. The High Court imposed a condition that the Enforcement Directorate should approach the Director, AIIMS to constitute a Board of Cardiologists C to examine the respondent and in case the Board found custodial interrogation was not feasible, the officials should interrogate the respondent under the care of doctors at the AIIMS. Studded with such conditions the High Court modified the order of the Sessions Court. Hence this appeal. On behalf of the appellant it was contended that conditions imposed by D the High Court would render the interrogation ineffective and unfruitful; that since extended time limit under Section 41 of FERA for retaining the seized documents had expired, interrogation of the respondent would become completely futile if the Directorate was disabled to use the seized documents for questioning the persons concerned because the respondent did not avail E F himself for effective interrogation during the said period of retention of the seized documents. On behalf of the respondent it was contended that respondent ,would not ask for the return of the said seized documents even after expiry of the time limit.
Judge	Hon'ble Mr. Justice K.T. Thomas
Neutral Citation	1998 INSC 9
Petitioner	Directorate Of Enforcement
Respondent	Ashok Kumar Jain And Vice Versa
SCR	[1998] 1 S.C.R. 57
Judgement Date	1998-01-08
Case Number	22

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