LAWS(P&H)-2008-5-121

PRIME LEATHERS Vs. UNION OF INDIA

Decided On May 29, 2008
Prime Leathers Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution prays for issuance of direction to the Directorate of Revenue Intelligence- respondent No. 2 (for brevity, 'DRI') to refund the sum of Rs. 70,00,000/- allegedly extorted from the petitioner illegally, arbitrarily, under duress and without any power and authority. It has further been prayed that complete record/items seized by the DRI be also released to the petitioner.

(2.) BRIEF facts of the case are that the petitioner is a partnership firm and engaged in the manufacture of various kinds of leather in the form of different kinds of bags and different varieties of finished leather, which are exported in different colours like blue, grey, ivory, black, brown etc. to Thailand, Hong King, United States of America, Italy and other countries through Container Freight Station, Ludhiana and Container Freight Station, New Delhi (for brevity, 'CFS').

(3.) ON 2.1.2008, the partner of the petitioner firm sent a retraction letter dated 28.12.2007 to the DRI-respondent No. 2 through registered post thereby retracting from his self inculpatory statement obtained on 26.12.2007 (P-4).