FATEMA HUSSAIN Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Facts on record go to show that on 21.03.2014 when the petitioners were carrying a sum of Rs.30 lacs in New Delhi purportedly having received it as certain sale proceeds, the authorities of the income tax department at New Delhi seized the amount and thereafter when the amount was not released and no action was taken for a period of about two years, this writ petition has been filed.

(2.) In the meanwhile, the petitioners were issued with summons vide Annexure-5 on 24.03.2014 and immediately on 105.2014 the petitioners appeared before the authority in pursuance to the said notice and it is stated that the documents and explanation with regard to the amount was submitted. Thereafter, when nothing was done, the petitioners filed this writ petition and sought for release of the amount in question.

(3.) On notice being issued the Department authorities have filed a counter affidavit and that only justification for retaining the amount is the one, contained in para 8 of the counter affidavit, which for the sake of convenience is reproduced herein under :