A M OVERSEAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, assailing the action of respondent No.4 bank of not permitting the operation of bank account No.051102 000 014580 i.e. Current Account of the petitioner with respondent No.4 bank.

(2.) It is the case of the petitioner that, by communication dated 5/8/2005 (Annexure ?A?), the respondent No.4 informed the petitioner that the cheques issued by the petitioner could not be cleared because of the direction issued by Directorate of Revenue Intelligence, Surat under the provisions of Section 110(3) read with Section 121 of the CUSTOMS ACT, 1962 (the Act). The petitioner, therefore, approached this Court and pointed out that, in light of the decision rendered in case of Raghuram Grah Pvt. Ltd. v. Commissioner of C.Ex. & Service Tax, 2005 (186) E.L.T. 50 (Allahabad), the bank account cannot be frozen by respondent authorities during pendency of investigation.

(3.) Upon issuance of notice, respondents have put in appearance. Mr.R.J.Oza, the learned additional standing counsel appears on behalf of the respondent Nos.1, 2 and 4, while Mr.K.H.Pathak for Mr.Mahesh Thakor appears for respondent No.4. Heard Mr.P.R.Nanavati, the learned counsel for the petitioner. Rule. Mr.R.J.Oza waives service of rule for respondent No.1, 2 and 3. Mr.K.H.Pathak waives service of rule for respondent No.4.