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2024 (10) TMI 1363

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..... awala, a/w Ms Chandni Tanna, Mr Prathamesh Chavan i/b India Law Alliance,. For the Respondents 1 to 7: Mr Vijay H Kantharia, a/w Adv Siddharth Chandrashekhar, Adv S D Deshpande,. For Respondents 9, 10 and 11: Adv C Keswani, a/w Adv Shubhangi Khandewal i/b Economic Laws Practice, for Respondent no.8/Mumbai Airport. Ms Leena Patil,. PC:- 1. Heard Dr Kantawala for the petitioner and Mr Kantharia for respondents 1 to 7. 2. The petitioner has prayed for the following reliefs in this petition: - a) That this Hon ble Court may be pleased to declare: i. That the seizure of the gold dust by Respondent No.7 vide Seizure Memo No. 534/2024 dated 28.04.2024 (Exhibit B hereto) is illegal and without jurisdiction; ii. That the subsequent actions of the Re .....

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..... the flight tickets via Mumbai to Bangkok (Exhibit A hereto); v. to refrain from illegally detaining any transit Passengers, and/or from illegally seizing their goods which were never meant for importation into India; ba) That this Hon ble Court be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, order or Direction directing Respondent No. 8, 9, 10 and 11 to preserve all CCTV footage at Chhatrapati Shivaji Maharaj International Airport, Mumbai, covering the Petitioner s presence on the Airport premises on 27.04.2024 and 28.04.2024. 3. Dr Kantawala submitted that the response of respondents about the CCTV footage at the Chhatrapati Shivaji Maharaj International Airport, Mumbai, being erased .....

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..... , cannot be conveniently gone into in these proceedings because of the interlinkage of the several factual issues involved. Therefore, by granting the Petitioner limited relief, we propose disposing off this petition. 7. All the petitioner's contentions, including the contention regarding CCTV footage or its preservation, are kept open. Already, by our order dated 01 August 2024, we recorded Mr Kantharia s statement, made on instructions, that the seized goods will not be disposed of until adjudication proceedings are concluded. This statement was accepted as an undertaking to this Court. 8. Since, in this matter, gold dust is seized from the petitioner. We think that the interest of justice would be met if the direction for not disposi .....

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