VIJAY BAID Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant Writ Petition has been filed by the Petitioner challenging the seizure proceeding initiated by the Respondents whereby certain Gold and Silver were seized from the office and residential premises of the Petitioner.

(2.) Brief facts, as per the Petitioner, are that the Petitioner is a Proprietor of a Jewelry Shop namely "Jewelers Jasraj Shantilal Baid". The office and the residential premises of the Petitioner were searched by Respondent No.2 on 1/5/2021 and 2/5/2021. In the process of search, the Respondent No.2 recovered 4652.235 gram of gold bar and cuttings. Similarly, they also seized 4563.446 gram of fine silver and 407.907 gram of silver ingots. A Panchnama which was prepared in this regard is Annexure P-1. Petitioner was arrested on 4/5/2021 and he was sent to judicial custody for a period of 60 days by the Trial Court. Thereafter, he was released on bail by the Trial Court.

(3.) The whole proceeding of search and seizure on the Petitioner's premises was conducted on an incident that took place on 1/5/2021 whereby two persons namely Jijoba Shankar Kadam and Ranjit Phate were intercepted at the Raipur Railway Station and from their possession a huge quantity of Silver and Gold were recovered. Subsequent to the Petitioner being released on bail, the Respondent Authorities have been issuing summons after summons to appear before the Respondents and insisting his presence for interrogation and for further proceeding in the matter. It is this seizure and summoning proceeding initiated by the Respondents which has been questioned by the Petitioner in the instant Writ Petition.