KAMALAGANAPATHY STEEL ROLLING MILLS LTD , REP BY C SARAVANAN Vs. ADDITIONAL DIRECTOR GENERAL, DIRECTORATE GENERAL OF CENTRAL EXCISE INTELLIGENCE

JUDGEMENT

(1.) Heard M/s.D.Naveena, learned counsel appearing for the petitioner and Mr.V.Sundareswaran, learned Senior Standing Counsel appearing for the respondents. Since the pleadings are completed, the learned counsel on either side requested the Court to dispose of these writ petitions.

(2.) The petitioner in W.P.No.4252 of 2017 is M/s.Sri Kamalaganapathy Steel Rolling Mills Ltd., and the petitioner in W.P.No.4418 of 2017 is Mr.C.Saravanan, who is the Director of M/s.Sri Kamalaganapathy Steel Rolling Mills Ltd. Both the writ petitions were filed challenging the show cause notice dated 02.05.2016, issued by the first respondent, which was in pursuant to search and investigation operations conducted in the factory premises of the petitioner. The petitioners have not submitted their objections to the show cause notice, but had approached this Court and filed these writ petitions. At the time, when the writ petitions were heard for admission on 20.03.2017, the learned Senior Counsel for the petitioners submitted that the petitioners would confine the relief only for issuance of writ of mandamus to direct the respondents to furnish the materials sought for by the petitioners in compliance with Section 36(b) of the Central Excise Act, 1944. The Court recorded the said submission and directed counter affidavit to be filed and passed the following order:

(3.) The learned counsel for the petitioners submitted that a representation was given on 18.06.2017, requesting for copies of eight documents, which have not been supplied to the petitioners and also the Compact Disc, which was seized from their factory and the computers, which were seized from M/s.V V Iron and Steel Company (P) Ltd. The petitioner received a reply from the Central Excise Commissionerate vide reply dated 13.07.2016, stating that the Compact Discs and Hard Discs were seized from the petitioner's factory by the Directorate General of Central Excise Investigation (DGCEI) and the petitioners were advised to approach them. The petitioners submitted their representation to the DGCEI and a reply was sent on 08.09.2016, stating that the imaged version of the CDs seized from the petitioners' factory and the hard discs of computers seized from M/s.V V Iron and Steel company were seized under a mahazar and the same have been kept in a sealed condition in the office and hence, the imaged version of the same could not be furnished to the petitioner. In the background of these facts, the petitioners are before this Court.