9911796707
TMI Blog1996 (4) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... DR appeared for the Applicants/Revenue. Shri M.M. Mathur, Advocate represented the respondents - S/Shri Sudhir Kumar Dhingra M/s. Sudhir Electronic. 3. The ld. SDR stated that the respondents had filed a writ petition in the Delhi High Court for modification of the order passed by the ld. Commissioner of Customs. The matter came up before the Hon ble High Court on 15-12-1995 `when the High Court passed the following order :- Ld. Counsel for the respondent states that an appeal has been filed against the order of the Collector (Adjudication) dated 10-2-1995, before the CEGAT and matter is pending consideration. Ld. Counsel for the respondent will intimate on the next date as to whether or not CEGAT has stayed the operation of the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) I order release of all the 5 cheques/pay orders/drafts recovered from the brief case in the shop and seized on 11-10-1991 to Shri Sudhir Kumar Dhingra for onward transmission to their respective rightful owners. (3) I order release of US $ 100 currency note recovered from the brief case and seized on 11-10-1991 to Shri Sudhir Kumar Dhingra with the condition that it should be deposited with the R.B.I. in accordance with the requirements of the law in this behalf within a week of its release. (4) I order release of Indian currency amounting to Rs. 15 lakhs seized from the residence of Shri Dhingra on 11-10-1991. However, since 40% of this amount has already been deposited by the noticee with the National Housing Bank under the volunta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prosecution proceedings are pending in the Court of Law with regard to these proceedings. Further, the respondents had also gone to the Court for appropriate orders. Presently, we have no copies of the proceedings before the High Court or the Court for prosecution. In the Circumstances and in the interest of justice, we consider that an early hearing be given in this case and pending the final view taken by the Tribunal the goods seized and ordered to be released under the impugned order may not be released and be kept with the Customs Deptt. 10. Accordingly, we partly allow the stay application as above and order accordingly for early hearing of the case for which the case is fixed for hearing on 4-3-1996. Both the sides are also directe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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