KATHEEJA BEEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is for the issue of a writ of mandamus directing the second respondent to return the sum of Rs. 16, 100'/- which was seized on 28-12-1985 in C. No. VIII/lo/21/86-Cus. Adj. , dated 13-6-1986 from the petitioner's premises bearing Door No. 9, 14th Avenue, Harrington Road, Madras-31.

(2.) BRIEF fads are the following :- On the basis of intelligence gathered, the Officers of the Directorate of Revenue Intelligence, Madras, along with the Officers of the central Excise, Madras, on 28-12-1985, searched among others the premises belonging Door No. 9, 14th Avenue, Harrington Road, Madras-31 (hereinafter referred to as'the said premises'). As a result of the search of the said premises and others, the officers were able to recover cut and polished diamonds, foreign currency, primary gold pieces, certain incriminating documents and also Indian currency amounting to Rs. 6, 50, 950/ -. Out of the above said recoveries, we are now concerned with only a sum of Rs. 16, 100/ -. Admittedly, the said premises belongs to the third respondent, son-in-law of the petitioner. It is not in dispute that the said sum of Rs. 16, 100/- was recovered from a room which was under lock and key at the time of search. If was broken open and the said amount of Rs. 16, 100/- was seized along with two other items with which we are not concerned. It is also common ground that the third respondent, who was present, informed the officers that particular room was in the occupation of his mother-in-law, the petitioner herein, and that the amount seized from that room belonged to her. The petitioner was away, and, on return, immediately she sent a representation on 21-2-1986 , claiming the amount as hers and demanding return of the same. The representation sent on 21-2-1986 was duly received by the Department. Nevertheless, they have not cared to send any show cause notice to the petitioner before proceeding further, but kept the amount with the Department. It is the claim of the petitioner that the said sum of Rs. 16, 100/- is her own money, and mat the Department has no authority to keep the same without giving a show cause notice asking her to explain as to why that amount should not be confiscated.