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R.C. No. 9 of 1968/EOW/MAD. Under Section 120-B, Indian Penal Code, R/W-4, 5 and 23 of the Foreign Exchange Regulation Act, Section 5 of the Import and Export (Control) Act and Section 420, Indian Penal Code, R/W Section 511. Indian Penal Code--against M/s. Bheru Manufacturing Co., and others.
Bheru Manufacturing Company then applied in one case for a direction restraining the Enforcement Directorate from taking any action under Section 23 (1) (a), and in the other for a writ of quo warranto, calling upon the Superintendent of Police, Central Bureau of Investigation, Madras, to show the validity of his appointment and his exercising powers in Madras State. Ibrahim Kutti, Ismail and Syed Abdul Khadir, petitioners respectively in the three writ petitions before us, asked for similar reliefs against adjudication proceedings under Section 23 (1) (a), and also investigation by the Special Police Establishment, into an offence under Section 120-B read with Section 4 (1) of the Foreign Exchange Regulation Act, and Sections 123, 135 (a) and 135 (i) of the Customs Act, 1962. The record shows that R.C. No. 4 of 1969 was registered on 20th March, 1969, under those sections, and that after obtaining on application to the Chief Presidency Magistrate, Madras, his permission to investigate into the offences mentioned in the First Information Report, since they were non-cognizable, they have started investigation.