GOPI M PURI Vs. COLLECTOR OF C EX

JUDGEMENT

(1.) Through this writ petition under Article 226 of the Constitution of India, the petitioner has claimed a writ of mandamus directing the respondents to return the gold ornaments seized from the petitioner on 23-12-1985. The petition is directed against the Collector of Central Excise, Allahabad and Assistant Director Enforcement Directorate (Foreign Exchange Regulation Act) 36, Gandhi Nagar Digra, Varanasi who have been arrayed as respondents No. 1 and 2 respectively.

(2.) As per the writ assertions the petitioner Smt. Gopi M. Puri owned a locker being locker No. 62 with the Union Bank of India, Civil Lines Branch, Allahabad. The said locker was searched on 23-12-1986 by the Assistant Director Enforcement Directorate (Foreign Exchange Regulation Act) when 12 gold lockets were seized as per search memo, a copy whereof is Annexure 1 to the writ petition. According to the petitioner, after the said seizure no action whatsoever or proceedings were taken by the respondents against the petitioner or in respect of the articles seized. The petitioner has, therefore, filed the present writ petition on 29th March, 1988 claiming the relief as set out earlier with further allegations that on the petitioner's application moved before the respondents for return of gold ornaments, no orders were made by the respondents.

(3.) At the admission stage two separate counter-affidavits have been filed on behalf of the respondents No. 1 and 2.