he directed the matter to be heard on october 26 1959 and on that day in view of the investigat ing officer being on leave adjourned the matter for decision to numberember 10 1959.
similar permission was again granted on applications by the chief presidency magistrate on july 28 and september 28 1959.
s. pathak b. datta j. b. dadachanji o. c. mathur and ravinder narain for the respondent.
the enforcement officer reported that day that a certain room could number be searched and therefore further action on the search warrant was to be taken.
appeal from the judgment and order dated june 20 1960 of the calcutta high companyrt in criminal revision number 1525 of 1959.
he however modified this order the same day when his attention was drawn to his earlier order dated september 28 1959 permit ting the enforcement officer to retain the documents till numberember 28 1959.
2 and 7 of the seizure memo would be required and that he had no objection to the return of the remaining seized files though they might have some distant bearings on those proceedings.
the claim for the return of the documents was based on the provisions of s. 19 a. on octo ber 20 1959 the chief presidency magistrate ordered the return of the seized files to the respondent.
criminal appellate jurisdiction criminal appeal number 83 of 1961.
1959 the enforcement officer applied to the chief presidency magistrate for permission for the retention of the seized documents for a period of two months for the submission of further report in the matter.
the respondent went up in revision against this order for the companytinued retention of the two documents and the high companyrt allowed the revision and ordered the return of these documents also to the s respondent.
he also numbered in his appli cation for the chief presidency magistrates information that the seized documents as per enclosed seizure memo have been kept with us for scrutiny and those will be retained till the completion of the enquiry or the adjudication proceedings as the case may be and a report will be submitted to your honumberr thereafter.
the judgment of the companyrt was delivered by raghubar dayal j. this appeal on certificate granted by the calcutta high companyrt is directed against an order of the high companyrt dated june 20 1960 reversing the order of the chief presidency magistrate directing return of certain documents to the respondent and has arisen in the following circumstances on april 6 1959 the chief presidency magistrate calcutta ordered the issue of search warrants on the application of the enforcement officer enforcement directorate ministry of finance under sub s. 3 of s. 19 of the foreign ex change regulation act 1947 act vii of 1947 .
it required the produc tion of documents seized before the magistrate.
r. khanna k. l. hathi and r. n. sachthey for the appellant.
it is against this order that this appeal has been filed.
on may 28.
the search warrant was issued on may 6 1959.
april 14 1964.
the chief presidency magistrate granted the necessary permission.
in his application presented on numberember 10 1959 the enforcement officer stated that the director of enforcement had started adjudication proceedings against the respondent for alleged violation of s. 4 1 of the act and had issued numberice to him to show cause and that in companynection with the adjudication proceedings seized files items number.
in execution of the search warrant a number of documents were seized from the possession of the respondent on may 14 1959.
