TMI Blog2016 (11) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... me time they claim to be thoroughly investigating the matter in the light of past history of the petitioner’s husband and his association with Badshah Malik. We are of the view that the original documents which are produced by the petitioner enable us to conclude that the Revenue could not have proceeded against the petitioner and addressed the subject communication. Once the petitioner’s role has not been pinpointed nor her association with the alleged kingpin, prima facie, also established, then such communication, innocuous as it may appear, has far reaching consequences and hence cannot be sustained. The department has not been able to satisfy even, prima facie, on the contents of the letter dated 1-3-2016 - petition allowed. - Writ Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad, Kurla (West), Mumbai - 400 070. (ii) Such property has been identified in the name Ghazala Shehroz Malik at your premises as Residential premises on 1st Floor, Flat No. 2112, Building No. 21, Kohinoor City, Kirol Road, Off. L.B.S. Road, Kurla (West), Mumbai - 400 070. 4. It is further requested that if any properties at your premises are in the name of Shri Badshah Majid Malik, Shri Shehroz Zakir Hussain Malik, Shri Saeed Zakir Hussain Malik or M/s. Empire India Multitrade Pvt. Ltd. and M/s. Malik Real Land Developers Pvt. Ltd. the same may please be intimated to this office urgently. 5. The sale proceeds of smuggling of red sanders are liable for confiscation under section 121 of the Customs Act, 1962. It is, therefore, reques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner were involved in the operation of two private limited companies that the communication was addressed to the petitioner and she was called upon to produce the original documents for scrutiny and perusal of the DRI. 4. After having perused the affidavit in reply in its entirety, we find that there is a clear dichotomy or contradiction therein. In one breath the reply of the respondent Revenue states that the premises have not been attached or seized, but at the same time they claim to be thoroughly investigating the matter in the light of past history of the petitioner s husband and his association with Badshah Malik. We are of the view that the original documents which are produced by the petitioner enable us to conclude that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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