WP.Nos.5466 & 5470 of 2020
the circumstances prevailing in the matter after having satisfied himself on the
basis of the material placed before the first respondent and the circumstances
of the case warrant lawful interception. It was passed for detection, prevention,
investigation and prosecution of corrupt activities, in which the petitioners
were indulging. The procedure laid down by the rules framed under the Indian
Telegraph Act, which have been upheld by the Hon'ble Supreme Court of
India in various cases to be just and reasonable and hence passing the test of
principle of proportionality and legitimacy. The five circumstances which are
related to the public emergency or interest of public safety, the first respondent
is within the power conferred by the Act to order for lawful interception.
Therefore, the judgment relied upon by the learned Senior Counsel for the
petitioners in the case of PUCL(supra) is not applicable to the case on hand.
6.
He further submitted that the first accused by abusing his
official position with an ulterior motive had approved for conducting survey at
the business premises of the first accused knowing fully well that the
investigation wing of Income Tax Department is conducting an investigation
into the affairs of the first accused and waiting for their survey report and the
impounded documents are material objects from the investigation wing of the
Income Tax Department. The first accused also visited various places of the
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