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2016 (8) TMI 648 - MADRAS HIGH COURTRelease of jewellery to the petitioner seized during the course of search - Held that:- As could be seen from the statement given by the 4th respondent on 25.05.1996 in reply to question no.30, the 4th respondent would state that out of 1,241 grams of jewels, 600 grams belongs to his wife and the remaining belongs to his sister and mother (petitioner) and it does not include the 20 grams of gold jewellery owned by his sister, apart from the 400 gms of jewellery held by his wife. The other son of the petitioner, Thangamani in his statement dated 25.09.1996 among other things while replying to question no.6 has stated that his jewellery weighing 80 grams has been kept in safe custody in the bank locker standing in the name of the petitioner. Thus this Court is unable to consider granting the relief to the petitioner in this Writ Petition nor can this Court out rightly draw a presumption as put forth by the learned counsel for the petitioner. Therefore, the petitioner has to necessarily avail the remedies which are available to her under the provisions of the Act, more so in the light of the statements given by her kith and kin namely, sons, daughter and daughter-in-law. Therefore, this Court is not inclined to issue a Writ of Mandamus as sought for. Accordingly, the Writ Petition stands dismissed. However, there shall be a direction to the 1st respondent to consider the petitioner's representation dated 09.12.2013 along with the letter given by the 4th respondent dated 26.02.2014 and further the representation of the petitioner dated 04.08.2015 and appropriate orders shall be passed on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs.
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