9911796707
TMI Blog2014 (12) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... ich this Court was approached by filing of these writ petitions, we are convinced that the petitioners can be permitted to withdraw these writ petitions with the right to work out their remedy as and when any appropriate situation arises for working out such remedy. We also make it clear that whatever impediment caused in pursuing the proceedings by the respondents pursuant to the issuance of the summons under Section 108 of the Customs Act or Section 14 of the Central Excise Act, during the period when the interim order was in operation can always be excluded for availing the statutory period available under the respective provisions of law. - Petition withdrawn. - Fakkir Mohamed Ibrahim Kalifulla And Abhay Manohar Sapre,JJ. For Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nothing incriminating was detected in the said search. It was further averred therein that the Officers threatened that the petitioner would be arrested, incarcerated in jail and would face dire consequence if he would not submit to their dictates. On that basis the writ petition came to be filed in this Court under Article 32 of the Constitution of India. We, therefore, expressed that it was highly premature for the petitioner to seek for extraordinary constitutional remedy under Article 32 of the Constitution of India based on such flimsy averments contained in the writ petition, inasmuch as such averments cannot form the basis for a prima facie apprehension of arrest. We, therefore, also expressed that the writ petition does not merit a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espective contentions of the parties and for the present moment as we find that the petitioners have expressed their desire to withdraw these writ petitions realizing the remote possibility of getting any relief in these writ petitions having regard to the premature stage at which this Court was approached by filing of these writ petitions, we are convinced that the petitioners can be permitted to withdraw these writ petitions with the right to work out their remedy as and when any appropriate situation arises for working out such remedy. We also make it clear that whatever impediment caused in pursuing the proceedings by the respondents pursuant to the issuance of the summons under Section 108 of the Customs Act or Section 14 of the Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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