- (1.) UPON hearing counsel for the parties, the Court passed the followed order: Special leave petition is dismissed but we must express our disapproval of the action of the Department in retaining the documents beyond the period of one year specified in Section 41 of the Foreign Exchange Regulation Act, 1973. When the statutory provision requires that the documents seized from a person should not be retained for a period exceeding one year unless before the expiration of the said period, adjudication proceedings are commenced Under Section 51, the Department must obey the law and return the documents unless in the meantime it has commenced adjudication proceedings Under Section 51. If it is found by the Department that the period of one year, which is specified in Section 41, is not adequate, it would be for the Legislature to amend the section in order to provide for extension of time, but so long as the section stands as it is, it must be complied with by the Department.
(2.) NOTICE be issued to the Respondent to show cause why writ petition should not be admitted. No ex parte stay for the present.;