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HIGH COURT OF DELHI
Date of Decision: 12th December, 2019
NARENDRA KUMAR JAIN ..... Petitioner
Through: Mr. Ramakant Gaur, Ms. Sneha Arya and Ms. Amrita Joshi, Advs.
Through: Mr. Amit Bansal, Sr. Standing Counsel with Ms. Vipasha Mishra, Adv. for respondent no. 1
Mr. Satish Aggarwala, Sr. Standing Counsel with Mr. Akshay Saxena, Adv. for Custom
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R 12.12.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
JUDGMENT
1. This writ petition has been preferred with the following prayers:
No. 2 to supply the copies of the seized documents and digital data (phones and hard discs of the computer devices as referred and relied In the Show Cause Notice) Including those seized on 16.09.2016 and 23.09.2016 from the business premises of the petitioner In the captioned matter to the Petitioner, and/or,
Respondent No. 1 to Call for the Records of the adjudication proceedings and to ensure the presence of witnesses; to continue and conduct the smooth Proceedings of the crossexaminations; and to culminate the proceedings judiciously and expeditiously, and/or;
2. Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that 60 gold bars were seized on 1st / 2nd September, 2016 from the petitioner. Show Cause Notice dated 29th August, 2017 has already been issued by the respondents for confiscation of the gold bars and for penalty etc. The process of adjudication of the Show Cause Notice dated 29th August, 2017 has already been started, which is yet to be completed.
3. During the aforesaid process of adjudication, this writ petition has been preferred for correction of methodology of adjudication, which we are not going to interfere at all because it is left on the discretion and wisdom of the respondents and with the expectation that they shall follow the law, rules, regulations and Government policy as applicable to the facts of the case. They shall also keep in mind the judicial pronouncements rendered by the Hon’ble Supreme Court and this Court. We also direct the respondents that if any daily orders have been passed, such order-sheets ought to be supplied to the petitioner after following the procedure, like application etc.
4. With these observations, this writ petition is hereby disposed of at this stage. CM Appl. No. 53480/2019 (stay) In view of the order passed in the writ petition, this application is disposed of.
CHIEF JUSTICE C.HARI SHANKAR, J. DECEMBER 12, 2019 r.bararia /2