The petitioner has approached this Court with the following prayers:
“(i) issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondents to release to the petitioner forthwith, the 3 gold bars and the 8,300 US dollars seized from the petitioner on 13.01.2014 as per Exhibit P3 Mahazar;
(ii) in the alternative, issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to release the gold bar in respect of which the requisite customs duty has been paid by the petitioner as evidenced by Exhibit P2 baggage receipt;
(iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and dispose of Exhibit P5 letter sent by the petitioner seeking an enquiry into the incident of seizure of the 3 gold bars by the 1st respondent expeditiously, and within a time frame to be fixed by this Hon'ble Court;
(iv) allow the costs of this writ petition to the petitioner; and
(v) grant such other reliefs which this Hon'ble Court deems fit and proper to grant in the light of the facts and circumstances of the case, and in the interests of justice.”
2. The facts and circumstances have already been explained from the part of the respondent by filing a Counter Affidavit.
3. When the matter came up for consideration on the last W.P.(C) No.14071 of 2014 2 occasion (06.11.2014), the following order was passed:
“Learned Standing Counsel for the respondents submits that, in the course of further proceedings a show- cause notice was issued to the petitioner on 09.07.2014, so as to take the proceedings to a logical conclusion.
The learned counsel for the petitioner seeks for time to get instructions as to the receipt of notice and filing of reply, if any.
Post next week.”
Today, when the matter is taken up, the learned Standing Counsel produced a copy of the show-cause notice bearing No. C.No.VIII/10/1/2014-Cus.Adj. dated 09.07.2014 issued to the petitioner, along with a copy of the communication dated 10.11.2014 issued by the concerned authority, to the effect that no reply has been submitted by the petitioner, in response to the show-cause notice so far.
4. In the above circumstances, the petitioner is set at liberty to file statement of objections, if any, in response to the said notice within 'two weeks', if not submitted already, upon which, the proceedings shall be finalised, in accordance with law, taking the same to a logical conclusion, of course, after giving an opportunity of hearing to the petitioner, at the earliest, at any W.P.(C) No.14071 of 2014 3 rate, within 'two months' from the date of receipt of a copy of this judgment.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE sp