Augustine George Masih, J.

1. The petitioner has filed this writ petition praying therein for issuance of a writ of mandamus directing respondent No. 2 to return/refund a sum of Rs. 1 crore recovered from the petitioner and also to return post dated cheques of Rs. 75 lacs. It has been further prayed that respondent No. 2 be directed to return the record of the petitioner and supply a copy of Panchnama drawn during serach and seizure by the department.

2. Learned counsel for the petitioner has submitted that there is no amount outstanding against the petitioner but still under duress and threat, the partners of the petitioner were forced to deposit the draft of Rs. 1 crore and three other post dated cheques of Rs. 75 lacs. The said fact is disputed by the counsel for the respondents. He states that the said draft was deposited by the partners of the petitioner along with the cheques voluntarily, when the search and seizure was conducted by the department. It has been pointed out by him that the investigation is under way and the liability of the petitioner could go much more than the amount voluntarily deposited by the petitioner. He has further stated that the cheques of Rs