SHYAM CHARAN SAHA AND ANR. Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THESE two Writ petitions have been taken up together as the facts in both the cases are more or less the same and as the same questions of law are involved.

(2.) SHYAMA Charan Saha is the petitioner in Writ petition No. 29 of 1959. He states that he has been dealing in foreign exchange namely, Pakistan currency notes and coins as a business openly and publicly in his shop situated in Belonia Bazar for about six years past without any hindrance or objection from the police or customs authorities. On 25 -2 -59 the Officer -in -charge of Belonia police station, along with Sri Badal Dutta, a Sub -Inspector of police and Sri Prabir Chandra Deb Burma, an A. S. I. came to the Belonia Bazar at 10 A.M. and searched his shop along with some other shops, also dealing in Pakistan foreign currency and seized Rs. 2,704/11/ - in Pakistan currency notes and coins of different denominations from his shop. This was done on the strength of a search warrant issued in favour of the O/C, Belonia police station by the Sub -divisional Magistrate, Belonia the respondent in the two petitions, under the provisions of the Foreign Exchange Regulation Act, 1947 (hereinafter to be called Act VII of 1947). A seizure list was prepared by the A. S. I. and a carbon copy (Annexure A) of the same was supplied to the petitioner.

(3.) THE petitioner is said to have repeatedly demanded the refund of the money, as no proceedings have been commenced against him before the expiry of the period of 4 months Under Section 23 of Act VII of 1947 either before the Director of Enforcement or before any court and hence the the S.D.M., it, is contended, cannot retain the seized currency after the expiry of the 4 months and is bound to return the same forthwith to the petitioner. It is stated that Pakistan currency notes and coins and books of accounts, belonging to 5 other dealers in Pakistan foreign currency of Belonia Bazar, were also seized on the same day on the strength of similar search warrants. The petitioner and the 5 other dealers sent a joint notice (Annexure B) on 24 -6 -59 to the S.D.M., Belonia demanding from him the refund of the said money and restoration of the book of account seized by the police and it was served on the S.D.M. on 26 -6 -59.