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2002 (5) TMI 17 - HC - Income TaxThe prayers in the petition are: (a) that the search and seizure proceedings initiated under section 132 of the Act may be declared as illegal and invalid; (b) that the entire seized material including the cash of Rs. 1,40,000 may be ordered to be released forthwith; (c) that the cash amounting to Rs. 2,80,000 extorted by the search party may be ordered to be returned to the petitioners forthwith; (d) that the restraint order under section 132(3) in respect of the premises at 605, Hemkunt Tower, 6, Rajendra Place, New Delhi, may be directed to be withdrawn by the respondents forthwith and the seals be removed to enable the petitioners to resume their business; (e) that due cost and compensation may be suitably awarded to the petitioners for all the harassment and hardships caused to them by the respondents; and (f) that any other order or direction may be passed in favour of the petitioners as it may deem fit and proper. - At this stage, it is not possible for this court to arrive at the conclusion that the stand adopted by the petitioners is unimpeachable. It is thus not possible at this stage to grant the relief claimed for by exercising the extraordinary powers under article 226 of the Constitution of India. - Normally, we would have preferred not to enter into details to the extent that we have done so as not to prejudice the case of the petitioners. This has, however, been necessitated because of the specific request made by counsel for the petitioner.
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