9911796707
TMI Blog2020 (11) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... owing reliefs:- "(a) that this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus calling for the records and proceedings in the matter of seizure of gold bars as documented in the file of the Respondent and be pleased to direct the Respondents to supply copies of mobile forensic data, all documents and relevant CCTV footage of 13.12.2019 of the Customs arrival hall from 7.45 am to 15.15 hours and documents as mentioned from (a) to (n) as per letter dated 18.07.2020 (Exhibit I) to the Petitioner in the interest of justice; (b) that this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus calling for the records and proceedings in the matter of seizure of gold bar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o arrested under Section 135 of the Customs Act, 1962 (the "said Act") but is now on bail. Petitioner was thereafter issued a show cause notice dated 29th January, 2020 under Section 110 of the said Act. Petitioner has also made applications dated 17th July, 2020 and 18th July, 2020 under Section 110-A of the said Act for reshipment / release of goods. It is the grievance of the Petitioner that despite moving applications under Section 110-A of the Act for provisional release of the goods, the same is not being decided by the 1st Respondent and a personal hearing was fixed on 23rd July, 2020 during the period of lock down, the notice for which was sent to the Petitioner's Advocate by Whatsapp message. 5. Pursuant to the aforesaid message, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ught for as well as non-supply of CCTV footage. 8. It is submitted that since Petitioner has no other efficacious remedy available under the law against the action of the Respondents that she has approached this Court under Article 226 of the Constitution of India for the reliefs set out above. 9. Respondents have filed reply rebutting the above contentions. It is submitted that the Show Cause Notice dated 29th January, 2020 issued against the Petitioner has been adjudicated by the Adjudicating Authority viz: Joint Commissioner of Customs, Airport and consequential Order-in-Original dated 7th October, 2020 has been passed, stating that all the issues raised by the Petitioner in the Petition have been decided. 10. It is submitted on behal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... then valued by Government Approved Valuer who issued valuation certificate after assessing the same as having 999% gold 24 karat, totally weighing 10,000 grams and valued at Rs. 3,38,83,200/-. Petitioner admitted knowledge, ownership, possession, non-declaration, concealment and recovery of 10,000 grams gold bars from her luggage, valued at Rs. 3,38,83,200/- and the same was seized under panchnama dated 13th December, 2019. 11. The Customs Officer took over the passport and the boarding pass issued by Air China and seized the same as "Travel Documents". 12. Respondents submit that on being asked about the purpose of her visit to India, Petitioner stated that she had come to purchase medicines related to cancer treatment of her close famil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly weighing 10,000 kg valued at Rs. 3,38,83,200/- in India which was seized under the Seizure Memo No. 368 dated 13th December, 2018. Further, she was produced before the C.M.M Court 8th Esplanade, Mumbai for offences punishable under Sections 135(1)(a), 135(1) (b) and 235 (1)(i) of the said Act, though she was subsequently granted bail by the Sessions Court on 10th February, 2020. However, trial has commenced before the C.M.M. Court and an application for expeditious hearing has been made. 14. Petitioner has filed a rejoinder wherein it is submitted that whole case has been made out against the Petitioner for enjoying the reward which is prescribed at 20% of the value of the seized goods. Hence, this false case. It is also submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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