2022 (2) TMI 84

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....l for the petitioner drew our attention to Section 70 of the said Act and contended that the powers are vested in the State authority to issue summons and require attendance of a person in relation to the enquiry in which the person issuing the summons is himself intrested. Such powers can be exercised like the civil court under the Code of Civil Procedure. He submitted that this scheme of Section 70 is in violation of principle of separation of powers. He relied on the decision of Supreme Court in the case of Madras Bar Association Vs. Union of India reported in (2010) 11 SCC 1. Counsel submitted that respondent No.1 has issued the summons without indicating the nature of enquiry being conducted against the petitioner, without giving deta....

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....dence or to produce a document or any other thing in any inquary in the same manner, as provided in the case of a civil court under the provisions of the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908). (2) Every such inquiry referred to in subsection (1) shall be deemed to be a "judicial proceedings" within the meaning of section 193 and section 228 of the Indian Penal Code (Central Act No. 45 of 1860)." As per sub-Section (1) of Section 70 the proper officer would have the power to summon any person whose attendance is considered necessary either to give evidence or to produce documents or any other thing in any enquiry in the same manner, as provided in the case of civil court under Civil Procedure Code. Sub-section (2) of S....