ANTONY DOMINIC , J.
The appellant is the petitioner in W.P.(C)No.14071/2014. He filed the said Writ Petition, essentially with a prayer to direct the respondents to release 3 gold bars of 1 Kg. each and 8300 US dollars seized from him on 13.1.2014 under Exhibit P3 mahazar.
2. By the judgment under appeal, the learned Single Judge declined jurisdiction and permitted the appellant to participate in the adjudication that is already set in motion by issuing show cause notice to him. It is this judgment, which is under challenge before us.
3. We heard the learned counsel for the appellant and the learned Standing Counsel for the respondents.
4. The only question that arises for consideration is whether the judgment of the learned Single Judge is illegal, for the reason that the learned Single Judge ordered that the adjudicatory process should continue.
5. Admittedly, 3 bars of gold biscuits and currency were seized from the appellant. Show cause notice under the provisions of the Customs Act has already been issued to the appellant and adjudication as W.A.No.1964/14 -2-
provided in the Customs Act has to follow. In such a situation, unless an extraordinary case of patent illegality or absence of jurisdiction is made out, this Court will not be justified in exercising its powers under Article 226 of the Constitution of India and grant the reliefs that are sought for. Insofar as this case is concerned, we are not inclined to think that any such exceptional circumstances have been made out, justifying the entertainment of the Writ Petition. Therefore, the judgment under appeal has to be upheld and we do so.
6. However, it is clarified that neither the judgment of the learned Single Judge, nor the judgment in this appeal shall operate the prejudice of the appellant, in seeking his reliefs under the Customs Act, as is permissible under law. It is also clarified that the time for filing the reply to the show cause notice will stand extended by a further period of two weeks from today.
Subject to the above, the appeal is dismissed.
SD/-
ANTONY DOMINIC, JUDGE dsn SD/-
ANIL K.NARENDRAN, JUDGE