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2003 Supreme(Bom) 1402

V.C.DAGA, J.P.DEVADHAR
Abdul Razak Haji Ismail – Appellant
Versus
Director of Enforcement & others – Respondent


JUDGMENT - DAGA V.C., J.:---The petitioner, in this petition, is seeking directions in the nature of writ of mandamus against the respondents 2 to 4 to direct them to return the seized currency amounting to Rs. 4,13,600/-, which according to him, came to be released under Order dated 29-1-1999 passed by the Appellate Bench of Central Excise and Gold Appellate-Tribunal, Mumbai (the CEGAT for short) with interest thereon @ 24% p.a. from 29-1-1999 till realisation thereof.

The Facts :

2.The facts, in nutshell, would reveal that search and seizure operation was conducted in the shop and residential premises of the petitioner on 18-9-1990. Foreign currency equivalent to Indian currency worth Rs. 44,447.50 alongwith Indian currency in the sum of Rs. 4,13,600/- was recovered and seized in the said search and seizure operation.

3.A show cause notice dated 13-3-1991 was served upon the petitioner calling upon him to show cause as to why said currencies/amounts should not be confiscated. The said show cause notice was replied by the petitioner. It came to be adjudicated upon by the Additional Collector of Customs, (M P Wing) vide its Order-in-Original No. 72/93/Cus dated 1-3-1993 wherein conf





























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