The High Court held that continuing seizure of moveables served no useful purpose. It directed authorities to decide within two weeks on releasing assets after considering documents, pending an investigation into alleged smuggling.
Directing authorities to decide on release of seized moveables within two weeks of receiving the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
22-WPL-1229.2016.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION {L} NO.1229 OF 2016
M/s. Empire India Multitrade Pvt. Ltd. .... Petitioner Vs. Union of India & Others .... Respondents
Mr. Prakash Shah with Mr. Anil Balani, Mr. C. Subba Reddy and Ms C. Pooja Reddy i/by Mr. Dubey Vinit Prabhat for the Petitioner.
Mr. Pradeep S. Jetly with Mr. Jitendra B. Mishra for the Respondents.
CORAM: S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.
DATE : JULY 11, 2016
P.C:
cannot go into all the details of the seizure and the pending investigation.
the matter pertains to alleged smuggling of red sanders and involvement of several persons and parties. The investigation,
suresh 22-WPL-1229.2016.doc
therefore, may take some more time. But after a show cause notice and initially issued not to the company or the person named in our earlier order, no useful purpose will be served by continuing with the seizure of the moveables.
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22-WPL-1229.2016.doc
seizure should continue or the vehicle, computers, laptop and files be released.
(DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C. DHARMADHIKARI, J.)
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1 issue framed by the court
Whether the seizure of moveables including CPU and vehicles should continue given the petitioner's willingness to provide data and arrangements for parking.
M/s. Empire India Multitrade Pvt. Ltd.
Union of India
S.C. Dharmadhikari
Dr. Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
