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1989 Supreme(Cal) 354

SUSANTA CHATTERJI
BOSE AND COMPANY – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
A.K.GANGULY, S.M.SANYAL

SUSANTA CHATTERJEE, J.

( 1 ) THE present Rule was issued on 10th of December, 1979 at the instance of the writ petitioners praying, inter alia, for issuance of a writ of Mandamus challenging the Notification No. 176/77, dated 18-6-1977 and the Notification No. 89/79, dated 1-3-1979, being annexures 's' to the writ application as ultra vires and also challenging the notice to sho cause dated 18-10-1979 issued by the Assistant Collector of Central Excise, Calcutta-VI Division copy of which is annexure 'n' to the writ petition on the ground that the entire proceedings initiated by the respondents are arbitrary, illegal and inoperative inasmuch as the search and seizure was without jurisdiction for the reason that the condition precedent to the exercise under Rule 201 of the Rules was not satisfied and that the Assistant Collector of Central Excise had no reason to believe on the basis of which he could make such search or authorise any officer to take effective step for searching. It is also alleged that there is job work undertaken by the petitioner and nothing is manufactured to come within the mischief of the Central Excises and Salt Act, 1944 and the impugned notice to sho cause



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