2019 (8) TMI 144

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..... NOTICE SERVED BY DS(5) AND MS MAITHILI MEHTA, AGP ORAL ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1.00. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following main relief :- "8(B). Issue appropriate writ, order or direction quashing and setting aside the action of applying seal to the premises of the petitioner i.e. p .....

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..... also appears that the criminal prosecution has been instituted and the writ applicant as on date is in judicial custody. 2.01. The grievance redressed in this writ application is that the authorities have affixed a seal on the warehouse. According to Mr.Majmudar, the learned counsel appearing for the writ applicant, under section 67 of the Act, if the proper officer or the competent authority h .....

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..... n. 3.00. On the other-hand, this writ application has been vehemently opposed by Ms.Maithali Mehta, learned counsel appearing for the respondents. Ms.Mehta submitted that the officer authorised under sub-section (2) of section 76 of the Act has the power to affix seal. Ms.Mehta, pointed out that the criminal prosecution has been initiated and the writ applicant as on the date is in judicial cust .....

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