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2022 Supreme(Bom) 1126

R.D.DHANUKA, S.M.MODAK
Kaka Carpets – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Dr. Sujay Kantawalla, Advocate, Chandani Tanna, Advocate, Anupam Dighe, Advocate, P. S. Jetly, Advocate, Sangeeta Yadav, Advocate

JUDGMENT

R. D. Dhanuka, J. - Rule. Mr. Jetly, learned senior counsel for the respondents waives service. By consent of parties, petition is heard finally.

2. By this petition filed under article 226 of the Constitution of India, the petitioner prays for a writ of certiorari for quashing and setting aside the impugned provisional release order dated 4th January, 2022 issued by the respondent no.4, declaration that the respondents do have the jurisdiction to put on hold and/or put on alert and deal with the IEC of the petitioner, for a writ of mandamus directing the respondents to withdraw the written representation issued to put the petitioner on alert and for various other reliefs.

3. The respondents had issued a seizure memo on 17th December, 2021 under Section 110 of the Customs act, 1962 in respect of the export shipment of goods having description as 'OTHER FaBRICS, CONTaINING 85% OR MORE BY WEIGHT OF SILK OR OF SILK WaSTE OTHER THaN NOIL SILK (SILK FaBRIC) (GSM 60) (18)' under declared CTH 50072090 and declared total FOB of Rs.7.343 crores attempted to be exported vide Shipping Bills described in the said seizure memo and directing the custodian M/s. JWC Logistics Private Limited

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