M/S Swarn Shilp, Delhi v. Union Of India And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : C. W. P. No. 12521 of 2007Date of Decision : December 12, 2008. M/s Swarn Shilp, Delhi....Petitioner Vs.Union of India and others....Respondents CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE L. N. MITTAL * * * Present :Mr. Akshay Bhan, Advocatefor the petitioner. Mr. Vivek Sethi, Advocatefor the respondents. * * * ADARSH KUMAR GOEL, J. (Oral) : This petition was filed for direction to release jewellery andcash, seized by Income Tax Department. In the reply filed, stand of the Department was that seizure wason account of information received from the police authorities. On 06.11.2008, following order was passed :- “This petition has been filed for adirection to release jewellery and cash seized bythe Income Tax Department. Case of the petitioner is that it is carrying on business of a jeweller and had deputedits two employees to deliver some jewellery atAmritsar. The said employees partly sold thejewellery and recovered the cash. While on theway back, they were checked by the Punjab Police,who informed the Income Tax Department. Thesaid department seized jewellery and cash on15.9.2006. The petitioner made an application forrelease of the seized stock and cash on 26.2.2007,Annexure P-11, on which no decision was beingtaken. Learned counsel for the petitionersubmits that there is a provision for release ofseized articles pending further proceedings. Learned counsel for the respondentsstates that decision on the application for interimrelease of seized articles will be taken within onemonth from today. List again on 05.12.2008.” It is now stated that on 04.12.2008, an order has been passedapproving release of the seized jewellery and other articles. In view of above, no further order is called for, at this stage.The petition is disposed of. (ADARSH KUMAR GOEL)JUDGE December 12, 2008monika ( L. N. MITTAL ) JUDGE