Gujarat High Court
Usmanbhai vs State on 9 April, 2010
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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CR.MA/10667/2009 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10667 of 2009
======================================
USMANBHAI
AHMEDJI KHATRI
Versus
STATE
OF GUJARAT & another
======================================
Appearance :
MR
AD SHAH for Applicant
Mr.
Shivang Shukla, Additional Public Prosecutor, for respondent No.1
MR
YN RAVANI for Respondent No.2
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 09/04/2010 ORAL ORDER
Heard learned advocates for the parties.
Mr. A.D. Shah, learned counsel for the applicant submits that notification dated 5th May 1977 issued by the Ministry of Home Affairs, Government of India, in exercise of the powers conferred by Section 28 of the Foreign Contribution [Regulation] Act, 1976, specified Delhi Special Police Establishment as the Authority to investigate any offence punishable under the said Act, but does not empower the CBI to take recourse to the provisions under the Code of Criminal Procedure and the Investigating Agency is governed by the procedure prescribed under the Foreign Contribution [Regulation] Act, 1976 and, therefore, the order of seizure and consequent decision of the learned Additional Chief Judicial Magistrate, Ahmedabad, are vitiated.
Mr. Yogesh Ravani, learned Assistant Solicitor General appearing for respondent No.2 justifies the stand taken by the CBI on the basis of the strength of the order passed by the learned Additional Chief Judicial Magistrate, Ahmedabad, under the provisions of the Code of Criminal Procedure.
Considering the above, Rule returnable on 3.5.2010.
Service of rule is waived.
[swamy] (ANANT
S. DAVE, J.)
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