TMI Blog2020 (4) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... same to the Department or to the Central Government. The police at its own could not have made any venture of searching the bonded warehouse belonging to the Customs Department. There appears no iota of evidence or material to prosecute the present applicants in connection with the impugned F. I. R. - applications allowed. - R/CRIMINAL MISC.APPLICATION NO. 13841 of 2012 With R/CRIMINAL MISC.APPLICATION NO. 14654 of 2012 - - - Dated:- 26-2-2020 - MR. R.P.DHOLARIA J. Appearance: MR N D NANAVATY, SR ADVOCATE with MR JAIVIK BHATT, ADVOCATE for NANAVATY ADVOCATES(1373) for the Applicant(s) No. 1 NOTICE SERVED BY DS(5) for the Respondent(s) No. 2 MR RONAK RAVAL, APP (2) for the Respondent(s) No. 1 COMMON ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cate Mr. Ankit Shah for the applicants in Criminal Misc. Application No. 14654 of 2012 and learned Additional Public Prosecutor Mr. Ronak Raval for the respondent State of Gujarat. 4.1 Learned senior advocate Mr. N. D. Nanavaty for the applicant in Criminal Misc. Application No. 13841 of 2012 has contended that the applicant was possessing the licence to carry out the business of import and export of liquor within the territorial jurisdiction of the Customs Department and consequently, so far as the case of present applicant is concerned, no provisions of the Gujarat Prohibition Act would be applicable. Further, learned senior advocate has read over the entire F.I.R. in presence of learned APP as well as Investigating Officer Mr. Sutha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the licensee. 4.3 Learned senior advocate Mr. N. D. Nanavaty has relied upon the decision of Hon'ble Supreme Court in case of Hotel Ashoka vs. Assistant Commissioner of Commercial Taxes reported in 2012 (276) E.L.T. 433 (S.C.), to point out that since the goods were lying in the bonded warehouse, it is nobody's case that the goods had crossed customs frontiers and consequently, the police has no authority to carry out any search seizure and/or carry raid under the provisions of the Gujarat Prohibition Act and in view of clear provisions of the Customs Act as well as other laws applicable to the facts and circumstances of the case. 4.4 Learned senior advocate Mr. N. D. Nanavaty has further pointed out that from the impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice played a role by making egoistic approach to usurp the powers of Customs Department. The police was not authorized to carry out any search seizure procedure except requesting for the same to the Department or to the Central Government. The police at its own could not have made any venture of searching the bonded warehouse belonging to the Customs Department. The procedure undertaken by the police is beyond its control and that is proved unhealthy for the smooth administration of the State Government and the Central Government. The Director General of Police is therefore required to attend such sort of acts committed by the police and shall take up such issue before the Customs Department and Central Government as to whether the police ..... X X X X Extracts X X X X X X X X Extracts X X X X
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