ORDER V.N. Khare, J.
1. Since counter and rejoinder affidavit have been exchanged. We proceed to dispose of this petition finally. By this petition under Article 226 of the Constitution of India, petitioner prays that the respondents may be directed to release the seized goods namely Katha forthwith.
2. The petitioner is a trader carrying on business under the name and style of M/s. Krishna Gopal Chander Khalifa & Sons. It is alleged that on 19-3-1990 the respondent searched the premises of petitioner and seized 410 Kgs. of Indian Katha valued at Rs. 61,500/- under the belief that the same was of Nepali origin. It is alleged that after the seizure no show cause notice for confiscation of goods was issued by the respondents within six months from " the date of such seizure. The case of petitioner is that since neither any show cause notice was issued nor time was extended for issue of show cause notice, the seizure of goods has become illegal and as such it is incumbent upon the respondents to release the seized goods. The petitioner in paragraphs 11 and 12 of the petition has stated that no show cause notice has been issued in terms of Section 110 of the Customs Act, 1962 within six months from the date of seizure of goods. A counter affidavit has been filed on behalf of respondents, but these allegations are not denied. Earlier when the matter came up before this Court, on the request of counsel for the respondents we granted further one week time to file supplementary counter affidavit for replying paragraphs 11 and 12 of the writ petition. Despite the time being granted, no supplementary counter affidavit has been filed. We, therefore, in the absence of supplementary counter affidavit accept the version of the petitioner that no show cause notice was issued to the petitioner in terms of Section 110 of the Customs Act, 1962. Since no show cause notice has been issued to the petitioner, the petitioner's goods seized by the respondents is liable to be released in favour of the petitioner. We, accordingly, quash the order of seizure dated 19-3-1990. We further direct the respondents to release the seized goods to the petitioner.
3. The writ petition is allowed.