- (1.)THE petitioner-Chairman of M/s. Manjog at 16/16-1, Lalbagh Road, Bangalore challenges the search and seizure conducted by the 2nd respondent-Enforcement Officer on 20th September, 1990 at his residential premises as well as the office premises of M/s. Manjog, along with a team of officers of the Enforcement Directorate, on the ground that there was non-compliance of Sec. 37 and 38 of the Foreign Exchange Regulation Act, 1973 (FERA for short ). He therefore prays for issuance of a writ of mandamus, directing the respondents to return all the seized documents and the computer machine and for a further direction to respondents not to proceed further on the basis of search and seizure proceedings at Annexures A to F.
(2.)THE case of the petitioner is, that he is the Chairman of M/s. Manjog and that the 2nd respondent, without authority of law and without complying with the provisions of Sections 37 and 38 of the FERA illegally conducted the raid of his residential and office premises and seized several documents, including the computer machine.
(3.)IN the counter filed by the 2nd respondent it is stated that on information received, the Asst. Director, Enforcement, authorised the 2nd respondent to conduct a search at the residence of the Chairman of M/s. Manjog and also at the office premises and to seize the documents which are necessary for investigation. It is further stated that the procedure laid down under Sections 37 and 38 of the FERA has been followed and there is no violation of the procedure laid down thereunder. It is stated that the Officer need not record his reasons as he has to maintain secrecy and on the basis of the information, the 2nd respondent was satisfied that there is good reason for causing search and seized the documents. It is also the contention of the respondents that the writ petition is not maintainable, inasmuch as the petitioner has filed the writ petition in his individual capacity and not as Managing Director of M/s. Manjog.