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TMI Blog2016 (2) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... ept in the custody of the DT&T. This is an unfortunate instance of the DT&T being unable to ensure the safety of the detained goods, resulting in some portion of it being stolen and a criminal case having to be registered in that behalf. The Crime Branch will pursue the investigation of aforementioned FIR to its logical end as expeditiously as feasible. As far as the main prayer in the petition is concerned the Court is not inclined to order release of the goods at the present stage and in the circumstances narrated above to any of the Petitioners. As already noticed, Petitioners 1 and 2 are thela pullers and the question of releasing the goods that have been detained to either of them does not arise. In the absence of proper documentation in respect of the goods being produced to the satisfaction of the CTT, the order dated 20th May 2014 passed by the Assistant Commissioner cannot be faulted and does not call for interference. - Decided against the appellants. - W. P. (C) 3799/2014 - - - Dated:- 12-2-2016 - S. Muralidhar And Vibhu Bakhru, JJ. For the Petitioner : Mr. Rajesh Jain, Mr. Ramesh Johri and Mr. Virag Tiwari, Advocates. For the Respondent : Mr. Santosh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onded to. 4. It appears that on 9th/10th May 2014, some of the seized goods kept at 13th floor of the Vyapar Bhawan in the custody of the Respondent was stolen. This led to registration of FIR No. 183 of 2014 under Sections 454 and 380 of the Indian Penal Code ( IPC ) at Indraprastha Estate Police Station. 5. On 16th May 2014, the seven Angadias along with one Nippon Gold made a joint representation to the Joint Commissioner, Department of Trade and Taxes to release the goods to them and also compensate them for the goods that were stolen. It is stated that with this letter the booking receipts, inventory of goods with items and value thereof and copies of the bills were enclosed. This was followed by a letter sent on their behalf by their counsel to the Joint Comissioner on 20th May 2014, requesting for inspection of the file and to be provided with copies of the inventory prepared on the first stage on 1st March 2014 and on the second stage on 11th March 2014. The Petitioners also sought copies of the statements recorded of the persons by the DT T during or after the seizure and statements given to the police while lodging the aforementioned FIR including the copy thereof ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urity guards were stationed there under intimation to the police. It is claimed that an inventory was prepared bundle-wise in order to avoid any mixing up of the materials and the proceedings were videographed to ensure transparency. 10. The counter affidavit states that the Petitioners failed to furnish the supporting bills but only gave a list of the articles claimed. The Petitioners were asked to furnish proof of ownership of the goods but failed to do so. It is stated that it is the CTT who is empowered to release the goods and he has to be satisfied that the claims made are genuine. It is also pointed out that the question as to whether any of the Petitioners are in fact genuine owners of the goods seized is a disputed question which cannot be decided in the present writ petition. 11. At the hearing on 10th July 2015, the Court required the Respondent to file a detailed affidavit indicating as to how and in what circumstances the seized goods disappeared/were stolen from their custody and who has been held responsible for the same and whether any action has been taken or nor . 12. Pursuant to the above order, a further affidavit was filed by one Mr. D.K. Mishra, Spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gress in the investigation be filed within two weeks from today . 16. A further status report was filed before the Court on 16th November 2015 and 17th December 2015. Today a further status report has been filed. One of the Assistant Commissioners of the DT T, who was involved in the seizure of the goods, has been arrested on 7th December 2015. His bail application is stated to have been dismissed by the concerned Court. It is further stated that an application has been moved for narco analysis test of some of the suspects. Sanction to prosecute the arrested Assistant Commissioner has also been sought. The status report filed by the DCP, Crime Branch states that the investigation of the case is under progress. 17. The Court is satisfied that the necessary steps are being taken to carry the aforementioned FIR to its logical conclusion. The Court impresses upon the DCP, Crime Branch, and North Delhi, to expedite the completion of the investigation and file a charge sheet. The criminal case shall be pursued in accordance with law. 18. An earnest plea is made by Mr. Rajesh Jain, learned counsel for the Petitioners, that the Court should now direct release of the goods to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Further the cartons would be tied or stitched with a rope which would be different in colour for each Angadia . 21. Significantly, in respect of the goods which were detained on 1st March 2014, there is no averment that the detained cartons contained those documents. 22. It is then stated that along with the representation dated 20th May 2014, all the relevant documents were furnished. Significantly, while a copy of the said representation is placed on record, the documents accompanied such representation are not enclosed. Even today, Mr. Jain has handed over across the Bar a table showing in columns the cartons corresponding to the Petitioners 3 to 9, with value of goods and their description. Mr. Jain asserts that even today the Petitioners 3 to 9 are prepared to furnish all the relevant documents to satisfy the Respondent about their ownership. 23. There are several questions that arise in the manner in which the Petitioners 3 to 9 have gone about their tasks as angadias. The Petitioners in list of dates stated that Angadias in their normal course of business, transport the goods through Railways from one State to another and as carriers of goods, deliver the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court would like to observe that it would be incumbent upon the DT T to unearth the complete facts as to how goods were despatched in the first place and from whom in Gujarat and what is the precise modus operandi adopted in despatching such valuable goods through railway vans and then through some thelawalas in Delhi. A further question which should be answered is why cash along with valuable jewellery (which was obviously uninsured) was being despatched in such a manner from one state to another. The DT T should seek the assistance of and coordinate with the Reserve Bank of India (RBI) to put in place regulatory and corrective measures to check the adoption of such modus operandi of transporting huge amounts of cash from one State to another. 28. The Petitioners have thus far not been able to satisfy this Court that they are entitled to the release of the detained goods or for any of the other reliefs as prayed in the present writ petition. In any event, the assertion of the Petitioners that the goods belong to them raises disputed questions of fact which this Court cannot possibly examine in this writ petition. That would be within the domain of the DT T and correspondingly t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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