BHAVIN IMPEX PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER No. 1 is a Private Limited Company, registered and incorporated under the Companies Act, 1956, and is engaged in the manufacture of mixed brass scrap since 2001, and is working as a 100% Export Oriented Unit ['EOU'] since 2005 under the EXIM Policy of India. In regular course of its business petitioner requested for Procurement Certificate on 7 -2 -2008 for mixed brass scrap. Respondent authorities found that it was under -priced, to which a reply was given by the Petitioner No. 1 company that, that transaction was of a previous month and therefore the price prevailing in the said month may not be considered. On 14 -2 -2008 premises of the petitioner company was searched and certain documents and materials were seized by drawing a panchnama. At that time initially Mukesh Sayani, brother of Petitioner No. 2 was present and thereafter Petitioner No. 2 also appeared at the place. It transpired from the panchnama that Mukesh Sayani looks after company affairs in absence of Sanjay Sayani. Statements of Sanjay Sayani and Mukesh Sayani were recorded by respondent Customs authority at that point of time. Thereafter a complaint was made by Petitioner No. 2 to Police Commissioner, Rajkot, in respect of what has transpired at the time of said raid/search & seizure. Subsequently a criminal complaint came to be lodged in the Court of learned Chief Judicial Magistrate by Petitioner No. 2 alleging various offences against Vinay Kumar, Zala, Rajesh Sharma and Ravindra Yadav. Thereafter a Special Civil Suit has been instituted by the petitioners in the Court of Principal Sr. Civil Judge, Jamnagar bearing Special Civil suit No. 20/2008 for damages in respect of some transaction. This suit was filed in March, 2008. Thereafter petitioners approached this Court on 12 -3 -2008 with present petition seeking following reliefs:

(2.) ON 4 -4 -2008 this Court after hearing both the sides passed an order making following observations:

(3.) IT appears that, thereafter, the respondent authorities have summoned Petitioner No. 2 as well as his brother Mukesh Sayani on number of occasions, but neither Petitioner No. 2 nor his brother Mukesh Sayani has ever appeared before respondent authorities pursuant to the summons on the alleged apprehension of being mishandled by respondent authorities or of being falsely implicating in criminal case.