M.J.GOLD Vs. UNION OF INDIA

JUDGEMENT

(1.) The 1st petitioner-a partnership firm is engaged in gold business. The 2nd petitioner is the Managing Partner of the firm. The respondents 2 to 4 seized 17 numbers of yellow coloured bars contained the descriptions 'RAND REFINERY, 9950 FINE GOLD 1000 g", three polythene zip packs containing cut pieces of yellow coloured metal weighing 244.93g, 1082.77g and 2318.76g and Indian currency of Rs.16,22,710/-. The above goods have been seized suspecting that they were illegally brought to India. The petitioners approached this Court seeking a direction to release the seized goods as per Ext.P4 mahazar.

(2.) The petitioners would submit that they purchased gold articles locally and they are having all the invoices. The petitioners refer to Exts.P1 to P3.

(3.) Learned Standing Counsel appearing for respondents 2 to 4 opposed the prayer and would submit that enquiry is going on and the articles are required for part of investigation. It is submitted that they have identified some of 17 gold bars. However, it is submitted that they require further time to find out the the origin of cut pieces of gold. Learned Standing Counsel submits that a detailed investigation is required regarding the origin of the goods. It is further submitted that, in the nature of the transaction like this, there are many involved and they have to trace out how it reached to the petitioners.