LAWS(MAD)-2016-7-336

MALABAR DIAMOND GALLERY PVT. LTD. REPRESENTED BY ITS DIRECTOR MR.SHAFEEKH Vs. THE ADDITIONAL DIRECTOR GENERAL DIRECTORATE OF REVENUE INTELLIGENCE CHENNAI ZONAL UNIT NO.117, GOPALA KRISHNA ROAD, T.NAGAR CHENNAI

Decided On July 28, 2016
Malabar Diamond Gallery Pvt. Ltd. Represented By Its Director Mr.Shafeekh Appellant
V/S
The Additional Director General Directorate Of Revenue Intelligence Chennai Zonal Unit No.117, Gopala Krishna Road, T.Nagar Chennai Respondents

JUDGEMENT

(1.) Writ appeal is directed against the order made in W.P.No.18833 of 2013 dated 17.11.2014, by which, the writ court has declined to issue a mandamus to the 1st respondent to release gold weighing 5541.92 Grams seized vide Mahazar dated 23.07.2013.

(2.) Facts leading to the appeal are that the officers of the Additional Director General, Directorate of Revenue Intelligence, Chennai Zonal Unit, Chennai, visited the premises of the appellant's office on 27.03.2013, in connection with certain enquiry made relating to smuggling of Singapore gold jewellery. According to them, based on intelligence, they seized 28.499 Kgs of smuggled 22ct gold jewellery from the possession of one Mr. R. Mahaveer. He had given voluntary statements dated 19.03.2013 and 25.03.2013 respectively, confessing that he had smuggled Singapore gold jewellery.

(3.) Case of the appellant is that they used to receive gold jewellery through their sister concern, namely M/s.Focus Jewel Arcade Pvt. Ltd., Coimbatore and one Mr.Shameem, is the person in-charge of procuring gold jewellery for them.