TMI Blog2019 (5) TMI 1474X X X X Extracts X X X X X X X X Extracts X X X X ..... n the proceedings pursuant to the impugned SCN, except of course that it has not been served on him. Petition dismissed. - W.P.(C) 10841/2015 - - - Dated:- 21-5-2019 - S. MURALIDHAR AND I.S. MEHTA JJ. Petitioner Through: Ms. Anjali J.Manish Mr. Priyadarshi Manish, Advocates Respondents Through: Mr. Harpreet Singh, Sr. Standing counsel with Ms. Suhani Mathur, Advocates for Respondent No.2 Mr. Satish Aggarwala, Advocate for Respondent No.3/DRI O R D E R 1. The Petitioner has approached this Court with the present petition praying for release of goods seized under the Panchnama dated 29th October, 2012. The main ground on which such release is sought is that the mandatory requirement of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he seized amount and the watches seized by the appellant within four weeks hence subject to an undertaking filed before the Registry of this Court within ten days that if the appellant succeed in appeal, they shall make good the dues along with interest. List the matter after six weeks. 5. Following the order in Mr. Jajodia s case, on 11th August, 2015 an order was passed by a Division Bench (DB) of this Court in WP(C) No. 6605/2015 (Pankaj Lakhani v. Commission of Customs). In the said order, the DB noted that the Supreme Court had in SLP (C) No. 24478/2014 directed release of the goods but declined to pass a similar order. The order dated 11th August, 2015 passed by this Court reads as under: The learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er affidavits have been filed by both the DRI and the Customs. Annexed as Annexure B to the counter affidavit filed by the Customs on 28th November, 2016 is a copy of an acknowledgement of receipt of the SCN dated 28th October, 2013 by the wife of the Petitioner. The said acknowledgement is explicit that she has received the said SCN at 8.30 p.m. on 28th October, 2013. 8. Despite two and a half years having lapsed since the filing of the said counter affidavit, the Petitioner has not chosen to file a rejoinder disputing the above document. The address of the wife of the Petitioner is clearly the same as his address and that it was received by her has not been able to be denied by the Petitioner. 9. Learned counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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