9911796707
TMI Blog2021 (2) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... Court may be pleased to issue an appropriate writ and/or writ of mandamus, order or direction and/or appropriate writ, order or direction quashing and setting aside the impugned orders of seizure dated 01.07.2020, 15.09.2020 and 18.09.2020, being illegal and passed without any application of mind; (B) This Hon'ble Court may be further pleased to issue an appropriate writ and/or writ of mandamus, and/or appropriate writ, order or direction directing that the very initiation of the search proceedings by the respondent authority is without any authority of law; (C) This Hon'ble Court may be further pleased to issue an appropriate writ and/or writ of mandamus and/or appropriate writ, order or direction holding that the action of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act was issued to the writ applicant and according to respondent, the writ applicant has not honoured the summons. There is one person by named Shri Saunak Desai, against whom, allegations are being leveled by the Department of fraud etc., The statement of Mr. Saunak Desai has been recorded and in his statement, the name of the writ applicant has surfaced. 3. We have heard Mr. Maulin Raval, the learned Senior Counsel assisted by Mr. Gaurang Vaghela, the learned advocate appearing for the writ applicant and Mr. Devang Vyas, the learned Additional Solicitor General of India, assisted by Mr. Parth Divyeshwar, the learned standing counsel appearing for the respondents. 4. The short point for the consideration of this Court is whether the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se in the event if the department deems fit to issue MOV-10 under Section 130 of the Act, 2017, then at least the goods should be secured for that purpose. 6. We dispose of this writ application with the aforesaid directions. We clarify that we have otherwise not gone into the legality and validity of the inquiry or investigation. We once again reiterate that it is for the department to carry out the necessary investigation in accordance with law. 7. We also expect that the writ applicant to cooperate in the investigation pursuant to the summons issued under Section 70 of the Act. We expect the writ applicant or any of his legal representative to appear before the appropriate authority for the purpose of interrogation or recording of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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