Prakash Sankhla vs Union Of India on 15 February, 2022

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Madhya Pradesh High Court

Prakash Sankhla vs Union Of India on 15 February, 2022

Bench: Vivek Rusia

                                      1
            The High Court Of Madhya Pradesh
                      WP No. 2817 of 2022
                (PRAKASH SANKHLA AND OTHERS Vs UNION OF INDIA AND OTHERS)

Indore, Dated : 15-02-2022
        Proxy Counsel Shri Sujoy Kanthewala appearing on behalf of Vikas Rathi,

for the petitioner along with Ms. Prerna Chopra, learned counsel for the Petitioner.
        Shri Gajendra Maheshwari, learned counsel for the Petitioner.
        Shri Prasanna Prasad, learned counsel for the Respondent No.5.

Shri Chandan Airen, learned counsel for the respondent no.2, 3 and 4. Heard on the question of admission.

The petitioners have filed the present petition challenging the validity of the show cause notice dated 22.11.2021 issued by the respondent no.4 under section 124 of the Custom Act. According to the petitioner the respondent no.4 does not have jurisdiction to issue show cause notice in light of the judgement passed by the Apex Court in case of M/s. Cannon India Pvt. Ltd. V/s. Commissioner of Customs reported in 2021 (376) ELT 3.

Shri Airen learned counsel for the respondent no.4/DRI has produced the c o p y order dated 11.02.2022 passed by the Apex Court in case of SLP (C) No.1513/2022 in which the Apex Court has issued show cause notice as the Cannon India Pvt. Ltd. (supra) requires reconsideration. It has also been observed that the review petition in the case of Cannon India Pvt. Ltd. (supra) is also pending.

In view of the above, issue notice to the respondents. Shri Chandan Airen, learned counsel accepts notice on behalf of for the Respondent No. 2, 3 and 4.

Shri Prasanna Prasad, learned counsel accepts notice on behalf of the Respondent No.5.

Let P.F. be paid for service of notice to the respondent no.1 within three days.

The respondents has filed a preliminary reply raising issue of maintainability of the writ petition. They are directed to file para wise reply.

Also heard on the question of interim relief.

By way of interim relief No.8(b) and (c) the petitioners are seeking that effect of disposal notice dated 13.12.2021 be stayed and grant a provisional release of 1.5 kg gold seized and cash of Rs. 64,85,100/- till the pendency of this petition.

The respondent no.2 has filed reply opposing the interim relief on the ground that so far the seized gold is concerned the same has been disposed of in compliance of the disposal order issued by the Directorate of Revenue Intelligence (DRI) on on 25.01.2022 and melted with other gold by India Govt. Mints, Mumbai. Hence, the interim relief has rendered infructuous. It is further submitted that so far the provisional release of cash of Rs.64,85,100/- is concerned the show cause notice issued to the petitioner but still pending for adjudication and the aforesaid money is liable to be returned only after appreciation of the evidence produced before the adjudicating authorities.

In view of the above, no case for interim relief is made out. List after six weeks.

(VIVEK RUSIA) (RAJENDRA KUMAR (VERMA)) JUDGE JUDGE ajit AJIT Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, KAMALAS 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6 cba241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61 A1EE901C09EF29, ANAN serialNumber=7F0BEE2D78BD57DA058F324744 1C87E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF , cn=AJIT KAMALASANAN Date: 2022.02.16 17:51:11 +05'30'

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