Case :- WRIT TAX No. - 742 of 2020 Petitioner :- Sharad Chandra Agrahari And Another Respondent :- The Commissioner Of Customs And 2 Others Counsel for Petitioner :- Shubham Agrawal Counsel for Respondent :- Ramesh Chandra Shukla,Govind Kumar Saxena,Krishna Agarawal
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and Shri R.C. Shukla, learned counsel appearing on behalf of respondents.
The instant writ petition has been filed seeking the following relief:
(a) A writ in the nature of mandamus declaring the search and seizure proceedings to be illegal and void.
(b) A writ in the nature of certiorari be issued quashing the seizure memo/panchnama dated 07.03.2020 issued by respondent No.3.
(c) A writ in the nature of mandamus be issued directing respondent No.1 to decide the provisional release application filed by the petitioner.
(d) A writ in the nature of mandamus be issued restraining/prohibiting the respondent authorities from disposing off/auctioning the goods.
(e) A writ in the nature of mandamus be issued directing respondent No.1 to provisionally release the goods on a bond of full value of the seized goods."
Considering the submissions advanced by the learned counsel for the petitioner, we are of the considered opinion that matter requires consideration.
Counter affidavit has already been filed on behalf of respondent No. 3.
Learned counsel appearing on behalf of respondent Nos. 1 and 2 may file counter affidavit within three weeks. Learned counsel for the petitioner shall have one week thereafter to file rejoinder affidavit.
Let the case be listed in the week commencing 15.2.2021 showing the name of Shri Govind Kumar Saxena as counsel for the respondents.
Ishrat