LAWS(P&H)-2013-1-555

PRITHVIRAJ JAIRATH Vs. UNION OF INDIA & OTHERS

Decided On January 22, 2013
PRITHVIRAJ JAIRATH Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner, by way of the present writ petition, filed under Articles 226/227 of the Constitution of India, has sought writ of mandamus for issuance of directions to respondent No.2 to return the following:

(2.) At the outset, Learned Senior Counsel for the petitioner states that insofar as the prayer for directing respondent No.3 to supply copy of the reasons recorded prior to search of the premises of the petitioner, he has instructions not to press the prayer at this stage. Accordingly, the same is disposed of as not pressed.

(3.) Addressing the arguments for the relief claimed as noticed earlier, Learned Senior Counsel for the petitioner submitted that insofar as the Passport is concerned, the same has already been returned and as regarding the PAN Card, he does not press the same; and, therefore, both the prayers can be disposed of as such. Pressing his prayer for supply of copies of documents, hard disc of computers and copy of Panchnama drawn at the premises of the petitioner during the course of search, reference was made to Section 110(4) of the Customs Act, 1962 (hereinafter to be referred to as the 'Act'), to submit that where any documents are seized from a person by a proper officer, then the said person from whom the documents are seized, shall be entitled to make copies thereof or take extract therefrom in the presence of the officer of the customs. On the aforesaid premises, it was urged that copy of the documents and hard disc of computers seized during the search and copy of panchnama drawn at the premises of the petitioner, be supplied.