9911796707
TMI Blog2019 (5) TMI 1475X X X X Extracts X X X X X X X X Extracts X X X X ..... on either of them within the mandatory period. This Court on 26th April 2019 directed that the original file related to issuance of show cause notice and connected documents shall be placed before the Court on the next date of hearing. Shri Harpreet Singh, learned Senior Standing Counsel informs the Court that the original file pertaining to both the matters is available with him. The original file does not contain the original of either of the acknowledgements which have been enclosed with the counter-affidavit of the Respondents. Since there is a failure as on date to produce any convincing proof of the Petitioners having been served with the SCN, within the time stipulated the Court directs the release to Shri Ram Chandra of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the shop of Shri Ashish Jain at Noida and took him away for detention. Shri Jain is stated to have surrendered some gold jewellery, which was also seized. 4. The Court is not at this point examining the allegations made in each of the petitions since the short question that arises is whether within a period of 6 months from the date of the seizure of the gold/jewellery, SCNs, as required by law, were served on each of the Petitioners. In each of the petitions the positive case of the Petitioners is that no such SCN was served on either of them within the mandatory period. 5. On this aspect in response to the notice issued in the present petitions a counter-affidavit has been filed in each of the petitions by Shri Kalrav Mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er part of the receipt it shows the date as 20th June 2018. The averment is that the receipt is either forged one or has been prepared later on blank papers got signed from the Petitioners during his legal custody. According to each of the Petitioners the photocopies enclosed with the counter-affidavit shows the clear manipulations by the Respondents later on after receipt of the legal notice and realizing that the report was already filed for non-issuance of the same. 8. In view of the above pleadings this Court on 26th April 2019 directed that the original file related to issuance of show cause notice and connected documents shall be placed before the Court on the next date of hearing. Shri Harpreet Singh, learned Senior St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subject to both Shri Ram Chandra and Shri Ashish Jain first filing on or before 31st May 2019 in this Court in these proceedings separate affidavits undertaking that as and when directed by the Court each of them will produce before the Department gold of the same quantity and purity. If such undertaking is filed as directed the seized goods as indicated above shall be respectively released to Shri Ram Chandra and Shri Ashish Jain not later than 10 days thereafter. 11. The Court does not process to dispose of the petitions at this stage and would like the Respondents to place before it an affidavit stating clearly what the outcome of the explanation/inquiry by the Commissioner of Customs into the missing documents is. This affidav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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