Section 42(5) in The Foreign Exchange Regulation Act, 1973
(5)Where any draft, cheque (including traveller's cheque) or other instrument is to be encashed under sub-section (1) or any foreign currency is to be deposited in a bank under sub-section (4), the [Commissioner of Customs][, the Director of Enforcement or, as the case may be, the Court, may prepare or clause to be prepared an inventory of such draft, cheque or other instrument or foreign currency containing such details relating to its description, mark, numbers, country of origin and other particulars as may appear to be relevant to its identity in any proceeding under this Act and where the inventory is prepared or cause to be prepared by the [Commissioner of Customs] [Inserted by Act 29 of 1993, Section 22 (w.e.f. 8.1.1993). ][or the Director, the [Commissioner of Customs] [Inserted by Act 29 of 1993, Section 22 (w.e.f. 8.1.1993). ][or, as the case may be, the Director shall make an application to a Magistrate for the purpose of- [Inserted by Act 29 of 1993, Section 22 (w.e.f. 8.1.1993). ](a)certifying the correctness of the inventory so prepared; or(b)taking, in the presence of the Magistrate photographs of such draft, cheque, other instrument or foreign currency, and certifying such photographs as true.
