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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
RIKHAB CHAND JAIN – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
| Table of Content |
|---|
| 1. introduction of civil appeal and background of the case. (Para 1 , 2) |
| 2. overview of the high court's dismissal and the reason for it. (Para 3 , 4) |
| 3. arguments presented before the supreme court. (Para 5 , 6) |
| 4. discussion on judicial precedents regarding writ petitions. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. analysis of the necessity for exhausting statutory remedies. (Para 13 , 14 , 15 , 16) |
| 6. conclusion of the supreme court's decision. (Para 17) |
JUDGMENT
1. This civil appeal, by special leave granted on 17th September, 2012, impugns the judgment and order dated 14th March, 2011, [REPORTABLE] of the High Court of Judicature for Rajasthan, Bench at Jaipur, [], whereby the appellant’s writ petition, [D.B. Civil Writ Petition No. 6203 of 2009] came to be dismissed on the ground of omission of the appellant to pursue the alternative remedy of appeal provided by the Customs Act, 1962 , [1962 Act] as well as on merits.
2. The facts leading to presentation of the writ petition before the High Court are not in dispute. On 27th September, 1992, alleged smuggled silver weighing 252.177 kgs came to be seized. By an order dated 7th May, 1996, the respondent no. 3,
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