2023 (3) TMI 454

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..... - HELD THAT:- Perusing the impugned panchnama and also considering that as per impugned panchnama, cognizable offence is made out against the petitioners, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the panchnama or for grant of any interim relief to the petitioners. Petition d .....

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..... us commanding the respondents not to harass and arrest the petitioners in pursuance of the impugned Panchnama. Learned counsel for petitioners submitted that petitioners have been falsely implicated in the present case as the DRI has not brought any evidence on record that particular alleged gold was the smuggled gold, on which import duties were evaded. He further submitted that the petitioner .....

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..... ever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged incident, hence the impugned panchnama is liable to be quashed. Learned counsel for the respondent nos.2 and 3, on the other hand, has opposed the prayer for quashing of the panchnama and submits that petitioners are involved in the process of smuggling of gold. He further submits .....

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