9911796707
TMI Blog1987 (2) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... items may be 'antiquities' within the meaning of Antiquities and Art Treasures Act, 1972. Petitioners addressed several communications to respondents pleading that the consignments had been unnecessarily detailed, though at one stage they had been cleared, and that, the detention was working to their great disadvantage in terms of finance and reputation. On 25-11-1986, petitioners received an undated communication, which, to the extent relevant for the purposes of this petition, reads thus :- "The subject consignments were seized under the provisions of Section 110 of the Customs Act, 1962 on 3-6-1986. Since the investigation is not yet completed it has been decided to extend the time limit for issue of show cause notice by another six m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oday a short adjournment was sought to enable the filing of such an affidavit. That request has been rejected for the obvious reason that the petition peremptorily fixed for hearing on January 8, 1987 cannot be adjourned more than three weeks later for the mere filing of a return. Counsel representing the respondents contends that the authorities have acted in good faith and that if the writ sought by the petitioners is granted, all trace of evidence required to prosecute the petitioners in case such a step becomes necessary in the future, will have been lost. He therefore prays that the- petition be dismissed. I see no merit in the submission and allow the writ petition for the reasons given below. 5. The undeniable position is that no s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f six months from the date of seizure .... The decision of the Supreme Court entirely supports the claim of the petitioner. It is not in dispute that in the present case the Assistant Collector did not give any hearing to the petitioner before exercising the powers ' to extend the time. The Supreme Court has held that an opportunity of being heard ought to be given to the person from whom the goods are seized because the Collector while exercising powers of extension is exercising quasi-judicial powers. As the petitioner was not heard before grant of extension, it must be held that the order of extending the period done unilaterally by the Assistant Collector was totally illegal." Admittedly, in the instant case the only communication se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... worth the name to justify the suspicion entertained by them. This is besides the tact that the goods have been in their custody and control since May 1986. The process of appraisal, enquiry and investigation cannot be continued indefinitely, and, certainly not, when petitioners are the sufferers. The disadvantage at which the petitioners are placed is evident. They are dealers in handicrafts. The business is a select one primarily dependant upon goodwill, which in turn depends upon the fulfilment of commitments made by the dealers. Here, according to the petitioners, the deal was concluded in February 1986. The goods are with the respondents since May 1986. More than 7-8 months have passed and respondents still do not have any material to f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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