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    <title>2016 (6) TMI 58 - PATNA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=328349</link>
    <description>Police cannot use alleged FEMA contraventions as a basis for FIR, investigation, seizure or sealing, because FEMA establishes a civil regulatory regime enforced through RBI, the Central Government and adjudicating authorities. The court further held that Section 102 CrPC does not extend to immovable property; it applies only to property capable of seizure and directly connected with an offence. As the business premises was an immovable property and not stolen or offence-related property, sealing was unlawful. The order refusing unsealing was therefore unsustainable, and the premises had to be unsealed so business could continue lawfully.</description>
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    <pubDate>Tue, 03 May 2016 00:00:00 +0530</pubDate>
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      <title>2016 (6) TMI 58 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=328349</link>
      <description>Police cannot use alleged FEMA contraventions as a basis for FIR, investigation, seizure or sealing, because FEMA establishes a civil regulatory regime enforced through RBI, the Central Government and adjudicating authorities. The court further held that Section 102 CrPC does not extend to immovable property; it applies only to property capable of seizure and directly connected with an offence. As the business premises was an immovable property and not stolen or offence-related property, sealing was unlawful. The order refusing unsealing was therefore unsustainable, and the premises had to be unsealed so business could continue lawfully.</description>
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      <law>FEMA</law>
      <pubDate>Tue, 03 May 2016 00:00:00 +0530</pubDate>
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