9911796707
TMI Blog2010 (3) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... ow cause notice within a period of one month from today - authorities should take care in first obtaining a hard copy of the data stored therein as far as possible in the presence of the parties concerned before keeping them in a sealed condition so as to avoid any inconvenience in future in retrieving the data from such software - writ petition is dismissed. - 541 of 1999 - - - Dated:- 10-3-2010 - Rajes Kumar and Pankaj Mithal, JJ. S/Shri V.K. Singh, Senior Advocate, A.A. Ansari, Bharatji Agarwal and S.K. Garg, for the Petitioner. S/Shri K.C. Sinha, CSC, K.K. Rai and Shambhu Chopra, Standing Counsel, for the Respondent. [Order]. - We have heard Sri V.K. Singh, Senior Advocate for petitioners and Sri Shambhu Chopra, learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion further proceedings in pursuance to the show cause notice were also stayed. 6. The petitioners lateron moved an application for supplying the print out of the material stored in floppies No. 44, 46, 57 and 59 and in view of the fact that the prayer so made was not opposed, the Court vide order dated 17-11-2009 permitted taking out of two copies of the print of the data stored in the aforesaid floppies in presence of the parties concerned and for that purpose an Advocate Commissioner was also appointed. The copies so obtained from the floppies were directed to be signed by the petitioners as well as respondent No. 1 and one copy of the same was directed to be given to the petitioner and the other was directed to be retained by the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice and has emphasised that all material, as is being demanded by the petitioners was actually supplied to them and, as such, there is no occasion for giving them the print out of the data so stored in the above floppies again. The relevant extract of the show-cause notice in this connection is reproduced herein below : "Shri Mohd. Ahsan appeared in person before the Superintendent, Central Excise. Allahabad on 7-1-1999 and got his statement recorded under Section 14 of the Central Excise Act, 1944. The computer printouts obtained from computer floppy No. 46, 44, 57 and 59 were shown to him. After examining all the computer printouts Shri Mohd. Ahsan certified that the information contained in the computer printouts is derived from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having inherent lack of jurisdiction issues the notice that the writ jurisdiction can be invoked for quashing of such a notice and not otherwise. The notice impugned in this writ petition has not been shown to be without jurisdiction or to have been issued by an authority having no jurisdiction to issue the same. 13. In view of above, we are not inclined to interfere in the matter in exercise of writ jurisdiction under Article 226 of the Constitution. 14. However, in view of the aforesaid facts and circumstances, we direct the petitioner to submit their reply to the impugned show cause notice within a period of one month from today and to raise whatever contention they want with regard to supply of the data stored in the aforesaid flop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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