M P SHARMA OTHERS Vs. SATISH CHANDRA DISTRICT MAGISTRATE DELHI

JUDGEMENT

(1.) These two applications are for relief under Article 32 of the Constitution arising out of similar and connected set of facts and are dealt with together. They arise under the following circumstances. The Registrar of the Joint Stock Companies, Delhi State, lodged information with the Inspector-General Delhi Special Police Establishment to the following effect. Messrs. Dalmia Jain Airways Ltd. was registered in his office on 9-7-1946, with an authorised capital of Rs. 10 crores and went into liquidation on 13-6-1952.

(2.) So far as the contention based on Art. 19(1)(f) is concerned, we are unable to see that the petitioners have any arguable case. Article 19(1)(f) declares the right of all citizens to acquire, hold and dispose of property subject to the operation of any existing or future law in so far as it imposes reasonable restrictions, on the exercise of any of the rights conferred thereby, in the interest of general public. It is urged that the searches and seizures as effected in this case were unreasonable and constitute a serious restriction on the right of the various petitioner, inasmuch as their buildings were invaded, their documents taken away and their business and reputation affected by these large-scale and allegedly arbitrary searches and that a law (S. 96(1), Criminal P.C.) which authorises such searches violates the constitutional guarantee and is invalid.

(3.) The only substantial question, therefore, that has been raised is the one relating to Art. 20(3) which runs as follows: