STATE, BY NILRATAN SIRCAR, ENFORCEMENT OFFICER vs LAKSHMI NARAN RAM NIWAS

The Supreme Court held that under sub-section (3) of Section 19 of the Foreign Exchange Regulation Act, 1947, the Magistrate has no jurisdiction to permit the retention of seized documents beyond the statutory period of four months as stipulated in Section 19-A. The Court clarified that the Enforcement Officer can retain seized documents without needing the Magistrate's permission within this period. It was also established that the provisions of the Code of Criminal Procedure, 1898, regarding search warrants do not apply to those issued under the Foreign Exchange Regulation Act, except for certain sections that govern the conduct of searches.