W.P. No. 3847 of 2016. Case: Jiji Industries Ltd. Vs Union of India. High Court of Madhya Pradesh (India)
| Case Number | W.P. No. 3847 of 2016 |
| Counsel | For Appellant: Shri Vibhor Khandelwal, Ravindra Singh Chhabra, Akash Vijayvargiya and Raghuvir Singh Thakur, Advocates |
| Judges | Vivek Rusia and P.K. Jaiswal, JJ. |
| Issue | Customs Act, 1962 - Section 122A |
| Citation | 2017 (347) ELT 216 (MP) |
| Judgement Date | July 05, 2016 |
| Court | High Court of Madhya Pradesh (India) |
Order:
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Shri R.S. Chhabra and Shri V. Khandelwal, learned counsels for the petitioner.
Shri Prasanna Prasad, learned counsel for the respondent No. 2.
Heard.
By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for the following reliefs:-
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That, the respondents may kindly be directed to deliver entire original record seized by the respondents as per Panchnama dated 17-11-2011 or its duly attested copies including all relied upon and non-relied upon documents to the petitioner with an immediate effect.
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That, the respondents may further be directed not to take any action in pursuance to the show cause notice dated 10-4-2014 unless the entire original record seized by the respondents as per Panchanama dated 17-11-2011 or its duly attested copies will not be supplied to the petitioner.
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Any other relief which this Hon''ble Court may consider necessary in the interest of justice, may also be granted in favour of the petitioner.
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Shri R.S. Chhabra, learned counsel for the petitioner has drawn our attention to Paras 5.6 and 5.7 of the writ petition and submits that total 208 files have been seized whereas, on 27-5-2016, 161 files were returned to them prior to the filing of the writ petition and out of remaining 47 files, only 24 files have been supplied on 10-6-2016 and rest seven files on 1-7-2016. He further submits that at present, he has received total 192 files and 16 files are still with them and due to the aforesaid, he is not in a position to file his reply to the show cause notice or appear before the appropriate authority.
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In reply, Shri P. Prasad, learned counsel for the respondent No. 2 has submitted that during the course of search of the factory premises of M/s. Jiji Industries Ltd. Ghatabillod and office premises at Rambali Nagar, Indore, total 203 documents and files including one USB Hard-Disk and one computer Hard-Disk were seized as it is apparent from two Panchnamas dated 17-11-2011. Out of these 203 files/documents, 9 files/documents have been relied upon at Serial Nos. 8, 34, 65, 69, 136, 138, 139 and 140 in the appendix of the show cause notice dated 10-4-2014. The petitioner has already taken back 161 files on 27-5-2016. On 10-6-2016, the petitioner has again taken back 24 files/documents. Apart from above, the photocopy of set of the following seized documents were already given to the petitioner way back on 23-1-2012 and 30-11-2011:-
Sr. No. of Panchnama dated...
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