Thomas, J. - (1.) Special leave granted.
(2.) These two appeals are directed against an order passed by the Delhi High Court which interfered with the order passed by a Sessions Judge dismissing a petition filed by one businessman called Ashok Kumar Jain (who will be referred to as the respondent) for pre- arrest bail.
(3.) Some officials of the Enforcement Directorate under the Foreign Exchange Regulation Act, 1973 (FERA for short) conducted a raid in the residential premises of the respondent on 4-1-1997 and seized certain documents which they considered very useful for unearthing instance of large scale FERA violations. The said raid was followed by a few other raids and the Enforcement Directorate (for convenience it is referred to as "the Directorate") has now started investigation into the alleged FERA violations against the respondent involving millions of US Dollars. Summons were issued to the respondent to appear before the Directorate for interrogation. On 5-1-1997 respondent left India. Though summons were repeated many times respondent did not reciprocate to any one of them and instead he moved the Sessions Court of Delhi for anticipatory bail. In the application (for anticipatory bail) he highlighted his deteriorating health condition as the main ground for granting him bail. However, the Sessions Court dismissed the application and in so doing learned Sessions Judge made the following observations: "Anticipatory bail definitely hamper the proper and effective investigation. Therefore, extra care and caution has to be taken while dealing with the application for grant of pre-arrest bail. The demand of an individual's liberty has to be matched with the larger interest of the public and the State. For instance, in the instant case, there are allegations of clandestine siphoning of big amount of precious foreign exchange. Such an offence is against the whole nation. The investigators have to be given full freedom for investigation. The allegations against the petitioner being of very grave and serious nature, the grant of anticipatory bail to this accused will certainly hamper proper investigation. The need for providing medical care and attention to the petitioner, in view of his past medical history, will be taken care of by the department even by the jail authorities in the event of his arrest. Such assurances have been given by the department." ;