M/S. Sree Venkateshwara Bullion A Partnership Firm v. The Additional Director General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.03.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.6135 of 2022 Sree.Venkateshwara Bullion A Partnership firm, Rep. by its Partner Shri N.S.Balaji Old No.116, New No.244 Tarus Tower, NSC Bose Road, Sowcarpet, Chennai - 600 079.
...Petitioner
vs.
1. The Addl. Director General Directorate of Revenue Intelligence Ministry of Finance, D/o Revenue Government, Chennai Zonal Unit, No.27, G.N.Chetty Road, T.Nagar, Chennai - 600 017.
2. Deputy Director, Directorate of Revenue Intelligence, Ministry of Finance, D/o Revenue Government, Chennai Zonal Unit No.27,G.N.Chetty Road, T.Nagar, Chennai - 600 017.
3. Senior Intelligence Officer, Directorate of Revenue Intelligence, Ministry of Finance, D/o Revenue Government, Chennai Zonal Unity, No.27, G.N.Chetty Road, T.Nagar, Chennai - 600 017.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the office of the respondents to cause return of the crude gold bullion weighing 3529.020 grams seized from the petitioner's shop premises by the officers of the respondent on 02.02.2022.
For Petitioner : Mr.B.Sathish Sundar For Respondents: Mr.G.Meganathan Government Advocate
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to cause return of the crude gold bullion weighing 3529.020 grams seized from the petitioner's shop premises by the officers of the respondent on 02.02.2022.
2. The case of the petitioner is that the petitioner firm was established in the year 2020. While so, the officers attached to the respondents descended on the petitioner's premises on 02.02.2022 and seized some crude gold bullion totaling 3529.020 grams on certain intelligence developed by them to the effect that the petitioner's firm have dealt with certain bullion traders who had allegedly misused a scheme under the Foreign Trade Policy and the Customs Act. Thereafter, the petitioner's firm made a representation to the 2nd respondent dated 06.02.2022 for causing return of the crude gold bullion, but the same was not considered by the 2nd respondent. Hence, the petitioner has come up with the present Writ Petition seeking the aforesaid relief.
3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 06.02.2022 and pass orders on merits within a particular time frame that may be fixed by this Court.
4. The learned Government Advocate for respondents has no objection for said order being passed.
5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 06.02.2022 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner and aggrieved persons if any within
a period of twelve weeks from the date of receipt of a copy of this order.
7. This writ petition is accordingly disposed of. No costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar rap/sk To
1. The Addl. Director General Directorate of Revenue Intelligence Ministry of Finance, D/o Revenue Government, Chennai Zonal Unit, No.27, G.N.Chetty Road, T.Nagar, Chennai - 600 017.
2. The Deputy Director, Directorate of Revenue Intelligence, Ministry of Finance, D/o Revenue Government, Chennai Zonal Unit No.27,G.N.Chetty Road, T.Nagar, Chennai - 600 017.
3. The Senior Intelligence Officer, Directorate of Revenue Intelligence, Ministry of Finance, D/o Revenue Government, Chennai Zonal Unity, No.27, G.N.Chetty Road, T.Nagar, Chennai - 600 017.
+1 CC to Mr.V.Sundareswaran, Advocate sr 18541. W.P.No.6135 of 2022 RK(CO) SP(19/04/2022)