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TMI Blog2021 (2) TMI 981X X X X Extracts X X X X X X X X Extracts X X X X ..... SREELAL N,WARRIER JUDGMENT Heard learned Counsel for the petitioner. The petition is with the following prayers: a) issue a writ in the nature of certiorari or any other appropriate writ, order or direction to call for the records of proceedings leading to Exhibit P13 SCN and quash the same. b) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner is a smuggler of the gold. Learned Counsel for the petitioner further argued that there is no iota of evidence on record of the respondent authority to show that the petitioner has dealt with smuggled gold. There is no name of smuggler who allegedly supplied gold to the petitioner in the Show Cause Notice. As per submission of learned Counsel for the petitioner, the allegations made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d received from different jewellers and shop persons without documents from Chennai and other parts of Tamil Nadu, through his five regular carrier passengers. It is further averred that the petitioner is engaged in illegal transaction of smuggled gold in huge quantity under the shadow of gold manufacturing and he has devised a modus operandi to deal in smuggled gold by engaging regular carrier pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for which an opportunity of hearing is being accorded to him in pursuant to the provisions of Section 124 of the Customs Act, 1962. 7. In this view of the matter, the petition itself is premature. It is just at the stage of show cause. Petitioner is free to advance all his contentions before the competent authority of the respondent Customs Department. In this view of the matter, I am of the con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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