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        Case ID :
        FEMA

        HC dismissed the writ petition challenging ED summons issued to...

        Writ Against ED Summons Under S.37 FEMA Read With S.131 ITA Fails; S.160 CrPC Safeguard Inapplicable

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC dismissed the writ petition challenging ED summons issued to a woman under S.37 FEMA read with S.131 ITA. The Court held that the powers exercised under S.37 FEMA are analogous to the civil powers of discovery and production of evidence under S.131 ITA, distinct from search and seizure powers under S.132 ITA which attract Cr.P.C. provisions. Consequently, S.160 Cr.P.C., including its gender-based safeguard regarding appearance at a police station, is inapplicable to such FEMA inquiries. As the summons concerned production of documents and recording of statement in a civil inquiry context, the petitioner's insistence on exemption from personal appearance was held untenable.
                                Note: It is a system-generated summary and is for quick reference only.
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