TMI Blog2014 (7) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... pared to comply with the direction given by this Court, this Court is not inclined to grant the relief sought for by the petitioner. - W.P.(MD)No.4174 of 2014 - - - Dated:- 24-6-2014 - R. Subbiah,JJ. For the Petitioner : Mr. M. S. Johnny Basha For the Respondents : Mr. B. Vijaykarthikeyan, Addl. Govt. Pleader ORDER This writ petition has been filed by the petitioner for a writ of Mandamus, directing the respondents to release the Ashok Leyland lorries bearing registration Nos.TN-69-M-9087, TN-69-P-9087 and KA-01-AC-5457. 2. It is the case of the petitioner that he is engaged in import of raw cashew nuts. On 21.01.2009 a search and seizure was carried out in the petitioner s premises by the respondents. During se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no other alternative, he has filed the present writ petition for the relief stated supra. 3.The respondents have filed a counter stating that the petitioners concern viz., M/s.Baywoods Exim has been systematically smuggling betel nuts under the guise of raw cashew nuts from May, 2007 to January, 2009. After declaring that the containers contained raw cashew nuts, as per the import manifests, under customs shifting permission he has moved the containers from Tuticorin Port to CWC CFS for customs examination by using his own vehicles. While so, he diverted the containers enroute to his premises of M/s.Baywoods Exim and after substituting the betel nuts stuffed in the import containers with raw cashew nuts already available in the said pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the respondents to complete the adjudication proceedings by not replying to the show cause notice. Thus, they sought for dismissal of the writ petition. 5.Heard the rival submissions made on either side and perused the materials available on record. 6.From the careful perusal of the records, it is seen that the above said vehicles have been seized by the respondents under the Customs Act, 1962, since the petitioner is alleged to have been regularly using the said vehicles for smuggling betel nuts. In fact, after seizure, the petitioner has approached this Court in W.P.(MD).No.1147 of 2011, vide order dated 20.02.2012, seeking for copies of the documents seized by the respondents. The above said writ petition was disposed of by thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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