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DIPANKAR DATTA, ARAVIND KUMAR
Rikhab Chand Jain – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 1 , 2 , 3) |
| 2. high court's reasoning on jurisdiction and merits (Para 4 , 6 , 11 , 16) |
| 3. arguments presented by counsel (Para 5 , 14) |
| 4. statutory remedies and writ jurisdiction principles (Para 7 , 8 , 10 , 12 , 15) |
| 5. dismissing the appeal (Para 17) |
JUDGMENT :
1. This civil appeal, by special leave granted on 17th September, 2012, impugns the judgment and order dated 14th March, 20111[impugned order] of the High Court of Judicature for Rajasthan, Bench at Jaipur2[High Court], whereby the appellant’s writ petition3[D.B. Civil Writ Petition No. 6203 of 2009] came to be dismissed on the ground of omission of the appellant to pursue the alternative remedy of appeal provided by the CUSTOMS ACT , 19624[1962 Act] as well as on merits.
2. The facts leading to presentation of the writ petition before the High Court are not in dispute. On 27th September, 1992, alleged smuggled silver weighing 252.177 kgs came to be seized. By an order dated 7th May, 1996, the respondent no. 35[Commissioner, Customs and Central Excise] ordered confiscation of the seized silver and levied penalty of Rs.50,000/- on the appellant. The said order was carried in
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