MR SAMPATHLAL BHAVESH KUMAR JAIN – Appellant
Versus
THE DIRECTOR GENERAL – Respondent
WP 13162/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.13162 OF 2021(GM-RES)
BETWEEN :
MR. SAMPATHLAL BHAVESH KUMAR JAIN
S/O SAMPATHLAL JAIN
AGED ABOUT 32 YEARS
PROPRIETOR
PAVITHRR GOLD
NO.1037, K.R.HOSPITAL ROAD
LASHKAR MOHALLA
MYSORE-570 001 &PETITIONER
(BY SHRI. H. SUNIL KUMAR, ADVOCATE)
AND :
1.
THE DIRECTOR GENERAL
DIRECTORATE OF REVENUE
INTELLIGENCE
7TH FLOOR, D BLOCK
I.P.BHAVAN, I.P.ESTATE
NEW DELHI-110 002
2.
THE SENIOR INTELLIGENCE OFFICER
DIRECTORATE OF
REVENUE INTELLIGENCE
BANGALORE ZONAL UNIT
8TH (B) 2, OPP.BDA SHOPPING
COMPLEX, 1ST STAGE, 3RD BLOCK
2
H.P.R. LAYOUT
BANGALORE-560 043. ... RESPONDENTS
(BY SHRI. VIKRAM ADITYA HUILGOL, CGSC)
. . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS
TO
CONSIDER
THE
REPRESENTATION
OF
THE
PETITIONER DATED 17.06.2021 AND RELEASE THE SEIZED GOLD
BARS VIDE ANENXURE-A AND A1 IN FAVOUR OF THE PETITIONER U/S
110(A) OF THE CUSTOMS ACT 1962.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 8B9 GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has filed this writ petition with a prayer inter
alia to release the gold seized by the Directorate of Revenue
Intelligence ('DRI' for short).
2.
Shri. Vikram Aditya Huilgol, learned Central
Government Standing Counsel for respondent DRI submitted
that the release of gold will have to be considered by the
adjudicating authority. Petitioner's application for release as
per Annexures - A & A1 will be considered in accordance
with law. He further submitted that the petitioner be
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directed to co-operate with the Investigating Officers and
the adjudicating authority, to establish the ownership of the
goods.
3.
In view of the above, this petition is disposed of
with a direction to respondents to consider petitioner's
request made at Annexures - A and A1 as expeditiously as
possible in accordance with law, within an outer limit of six
weeks from the date of receipt of a copy of this order.
Petitioner shall co-operate with the investigating authority
and participate in the proceedings.
Petition is disposed of.
No costs.
Sd/-
JUDGE
SPS