RIKHAB CHAND JAIN vs UNION OF INDIA & ORS. - 2025 Supreme(Online)(SC) 10021

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(SC) 10021

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
RIKHAB CHAND JAIN – Appellant
Versus
UNION OF INDIA & ORS. – Respondent

Advocates:
For the Appellants/Petitioners: Ms. Chitrangda Rastravara
For the Respondents: Mr. Raghavendra P. Shankar

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

2. The facts leading to presentation of the writ petition before the High Court are not in dispute. On 27^th September, 1992, alleged smuggled silver weighing 252.177 kgs came to be seized. By an order dated 7^th May, 1996, the respondent no. 3, Commissioner, Customs and Central Excise ordered confiscation of the seized silver and levied penalty of Rs.50,000/- on the appellant. The said order was carried in appeal, [Appeal No. C/225/96 NB] by the appellant before the CEGAT, [Customs, Excise and Gold (Control) Appellate Tribunal] under Section 129A (1) of the 1962 Act. The CEGAT effectively dismissed the appeal by an order dated 23^rd June, 2000. While it did not interfere with the order of confiscation, the amount of pe