Kp Sanghvi And Sons Llp & Anr. vs Directorate Of Enforcement on 27 October, 2021
65. Both parties have made detailed submissions on the question whether
the 'reasons to believe' recorded by the Director ED, or the person
authorized, at the time of search and seizure have to be provided to the
parties concerned or not. On behalf of the Petitioners, the judgment in J.
Sekar vs. Union of India 246 (2018) DLT 610 is relied on to argue that the
'reason to believe' recorded by the Director ED, or the person authorised
under Section 5(1) has to be given to the party concerned, and therefore
similarly 'reasons to believe' recorded by the person authorised under
Section 17(1A) also have to be given to the parties concerned. The
Respondent, however, has argued to the contrary stating that 'reasons to
believe' under Section 17(1A) are not to be provided to the party concerned.