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2009 Supreme(P&H) 1678

M.M.KUMAR, JASWANT SINGH
Aabhas Spinners Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent


Judgment

M.M.Kumar, J.

1. This petition filed under Article 226 of the Constitution challenges orders dated 18-3-2009 and 23-3-2009 (P-7 & P-8), passed by the Directorate of Revenue Intelligence, Ludhiana, seizing the goods of the petitioner-Company. A further prayer has been made for directing the Joint Director, Directorate of Revenue Intelligence-respondent No. 2 to defreeze the bank accounts of the petitioner-Company and allow it to withdraw funds therefrom. Still further it has been prayed that goods, cash, mutual funds and record etc. belonging to the petitioner-Company be also released.

2. The case of the petitioner-Company is that it used to import various types of yarn and blankets from China and sell the imported yarn as such or would sell it after converting the same into fabrics. It is claimed that the petitioner- Company has neat and clean track record of importing goods. During the last five years the Custom Officers never raised any objection at the time of clearance of their goods. It has been averred that it has always complied with the requirements of Sections 17, 46 and 47 of the Customs Act, 1962 (for brevity, #24;the Act#25;). These provisions relate to assessme


















































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