9911796707
TMI Blog2016 (12) TMI 1499X X X X Extracts X X X X X X X X Extracts X X X X ..... Sri Praveen Kumar, learned counsel holding brief of Sri Krishna Agarwal, learned counsel for the respondents-Custom Department and perused the record. The instant writ petition of criminal nature under Article 226 of the Constitution of India has been preferred with the prayer to issue writ in the nature of certiorari for quashing the impugned arrest notice dated 6.12.2016 in C.No. VIII(30) Noida Cus./ICD-Dadri/SIIB/Vidhata/43/16/839 under Sections 132, 135(a) of the Customs Act, 1962 issued by the office of Commissioner of Customs, Noida (Annexure-18 to the writ petition). The case of the petitioner-Firm is that the petitioner is sole proprietor of M/s. Vidhata Overseas having its office at B-106, First Floor, Vikas Tower, PVR Complex, V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner asked the foreign supplier to recall the goods and as such the petitioner was not concerned with the goods, however the petitioner was asked to receive notice/letter from the custom department. Thereafter, the petitioner preferred a petition before the Delhi High Court for quashing the investigation against the petitioner with reference to bill of lading dated 14.5.2016 initiated by the respondent-Custom Department. The petition was disposed of with the observation that the petitioner shall appear for interrogation on any subsequent dates fixed for that purpose in normal working hours and in case the respondent proceeds to arrest the petitioner, three days prior notice shall be given to the petitioner for that purpose. The petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as avoiding to give replies and burden was shifted upon some unknown person and as such, no interference is required by this Court. We have considered the rival submissions and perused the record. Admittedly when earlier notice was issued to the petitioner and investigation was challenged before the Delhi High Court, the petition was disposed of with the observation and direction that the petitioner will cooperate in the investigation and appear on the date fixed by the authority concerned of the respondent-Custom Department and he will appear for interrogation on any subsequent dates. Liberty was also given to proceed to arrest the petitioner giving three days prior notice, but in the present case summon was issued on 6.12.2016 under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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