( 1 ) PETITIONER is aggrieved by the order dated 17. 5. 1996, passed by the Additional Chief Metropolitan Magistrate, holding that the goods that had been seized as well as the Indian and foreign currency that had been ordered to be released by the Commissioner of Customs as well as by the Customs Excise and Gold (Control) Appellate Tribunal (in short CEGAT) is case property re-quired during trial.

( 2 ) LEARNED Additional Chief Metropolitan Magistrate, therefore, held that it would be premature, improper and unjust to release the said case property prior to the conclusion of the trial and at least before the conclusion of the evidence. The impugned order was passed on an application moved by the department seeking directions in view of the orders passed by the Commissioner of Customs as well as by the CEGAT, declining stay of the order of the Commissioner of Customs.

( 3 ) IT may also he noticed that the petitioner had also filed a writ petition seeking similar relief. However, this Court disposed of the same, holding no orders were necessary in view of the before passed by the CEGAT.

( 4 ) THE facts giving rise to the present petition may briefly be noticed :

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