9911796707
TMI Blog2024 (8) TMI 1382X X X X Extracts X X X X X X X X Extracts X X X X ..... since it is settled that the goods can be released on the payment of fine in lieu of confiscation and considering the fact that the gold ornaments are stock-in-trade of the petitioner, these writ petitions are disposed off without going into the merits of the contentions raised by either side and directing that the entire quantity of 1647.970 grams of gold which has been seized from the petitioner shall be released on the aforesaid Diljith K K and the aforesaid Mohandas K K executing bonds in the manner and form required by the 2nd respondent. The aforesaid Diljith K K and the aforesaid Mohandas K K will undertake that they will not alienate the property covered by Exts. P9 and P10 documents till the culmination of proceedings. The petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellery of different designs to various jewellery shops for the display of designs etc. It is stated that on 26.05.2023 the employees of the petitioner had scheduled a visit to a jewellery known as Sobhana Jewellers in Ottapalam. It is the case of the petitioner that its employees accordingly packed 1647.970 grams of gold jewellery in multiple packs and had prepared delivery challan No. DC/23-24/7 dated 26.05.2023. It is stated that in the challan the purpose for which the gold was being carried was stated to be for display purposes. It is the case of the petitioner that while preparing the delivery challan, the details of approximately 315.400 grams of gold was not included in the delivery challan on account of a clerical error. However, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also a fine in lieu of confiscation in respect of the aforesaid quantity of 315.400 grams of gold. It is thus that the petitioner is before this Court seeking implementation of Ext.P5 order by releasing 1332.590 grams of gold which were no longer subject matter of any proceeding as also the balance quantity of 315.400 grams of gold as the petitioner had paid the penalty and redemption fine imposed by the 1st Appellate Authority, while the State is before this Court by filing the connected writ petition being aggrieved by the finding of the 1st Appellate Authority and contending that the 1332.590 grams of gold cannot be exempted from the proceedings on the ground that it was covered by a delivery challan at the time of seizure. It is the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otherwise of a delivery challan has no bearing on the proceedings initiated against the petitioner as a delivery challan is a document that is capable of manipulation. 6. The petitioner has filed I.A. No. 2 of 2024 producing therewith copies of title deed No. 1086/2023 of Makkaraparamba S.R.O belonging to one of the designated partners of the petitioner namely Mr. Diljith K K as also a copy of title deed No. 1479/2008 of Makkaraparamba S.R.O belonging to one Mohandas K K, who is the father of another designated partner namely Rishikesh K K. The property covered by Ext.P9 document belonging to the aforesaid Diljith K K has an extent of 1.02 Ares while the property covered by Ext.P10 belonging to Mr. Mohandas K K has an extent of 52.22 Ares. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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