1. The petitioner, in the writ petitions, a native of Maharashtra, is running a gold re-cycling unit within the State of Kerala, in Kochi. The subject matter of the above writ petition is the seizure of 6280 grams of gold from the business premises of the petitioner, by the Shadow Unit of the Kochi City Police and the proceedings initiated by the Income Tax Department as also the Commercial Taxes Department of the State, for assessment, deeming such possession to be for the purpose of sale within the State, thus attracting levy under the Income Tax Act, 1961 as also the Kerala Value Added Tax Act, 2003.

2. On facts; suffice it to say that, on 15.01.2010, the shadow unit of the Kochi City Police conducted a raid in the business premises of the petitioner, on alleged information, of gold being possessed illegally by the petitioner. According to the petitioner, the raid commenced at 4.00 p.m. on 15.01.2010. But the mahazar prepared, evidenced by Ext.P5 is dated 16.1.2010. This Court is not concerned with the procedure adopted or the validity of the same. At this point of time, the issue to be focussed upon is, the release of the gold, which admittedly, the Income Tax Depart