M/S. Unique Industrial Enterprises PVT LTD, (Represented By Its Director) vs. Senior Intelligence Officer And 6 Others
Facts
The petitioner, M/s. Unique Industrial Enterprises Pvt Ltd, filed a writ petition seeking the release of goods valued at Rs. 8,50,47,184/- seized by the Directorate of Revenue Intelligence (DRI). The petitioner contended that the seizure was illegal, arbitrary, without jurisdiction, and in violation of constitutional rights and statutory provisions. They also sought to quash a summons issued by the DRI and prevent further investigation, arguing it was without jurisdiction. Additionally, they requested the court to direct banks to unfreeze their accounts. The petition was later amended to implead the Superintendent of Customs (SIIB) and the Principal Commissioner of Customs, Hyderabad.
Held
The High Court noted that in view of an order passed in IA No. 4 of 2022, nothing tangible survived for adjudication in the writ proceeding. The Court explicitly stated that it was expressing no opinion on the merits of the case. It was informed that an adjudication process was being undertaken by the adjudicating authority. Therefore, all contentions raised by the parties were kept open. The Court disposed of the writ petition without costs.
Key Issues
1. Whether the seizure of goods valued at Rs. 8,50,47,184/- by the Directorate of Revenue Intelligence (DRI) was illegal, arbitrary, without jurisdiction, and in violation of the petitioner's constitutional rights under Articles 14 and 19(1)(g) of the Constitution of India, as well as provisions of the Customs Act, 1962, and the Foreign Trade Policy. 2. Whether the summons dated 17/01/2022 issued by the DRI was without jurisdiction and authority of law, and if further investigation should be prohibited. 3. Whether the DRI and other respondents should be directed to allow the petitioner's banks (Bandhan Bank and ICICI Bank) to unfreeze the petitioner's bank accounts. Petitioner's arguments: The petitioner argued that the seizure was illegal and without jurisdiction. They relied on the Constitution of India (Articles 14 and 19(1)(g)), the Customs Act, 1962, and the Foreign Trade Policy. Revenue's arguments: The judgment does not record specific arguments from the revenue or state respondents.
Sections Cited
Customs Act, 1962, Foreign Trade Policy
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) FRIDAY,THE FOTJRTH DAY OF NOVEMBER ]'WO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE THf, CHIEF JUSTICE UJJAL BHUYAN AND THE HONOI'RABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NOr 5747 OF 2022 Between: M/s. Unique Industrial Enterprises Pvt Ltd, (Represented by its Director), l12, Sector-45, Noid4 District Gautam Buddha Nagar, Uttar Pradesh- 201 301 . ...PETITIONER(S) AIID l. Senior Intelligence OfTicer, Directomte ofRevcnue Intelligence, l{yderabad Zone, Suryavanshi Residency, 3rd Cross Rd., Shantinagar Colony, Masab Tank, Hyderabad, Telangana 500028. 2. The Principal Directorate General, Directorate ofRevenue Intelligence, 7th Floor, L) Bloc( LP. Bhawan, I.P. Estate, New Delhi.
The Authorised Officer, GMR Aerospace Indl. Park SEZ, Rajiv Gandhi lnternational Airport, Shamshabad, Hyderabad, Telangana- 500 I08. 4. Spice Jet Limited, GMR Aerospace INDL Park, SEZ. RGIA, Shamshabad, Hyderabad- 500 108. 5. The Bandhan Bank, Green Park Branch, S-2, Ground Floor', Green Park N4arket. South Delhi- I 10016. 6. The ICICI Bank, Lajpat Nagar Branch, A-34, l,ajpat ].lagar-ii, Nerv Delhi- I 10024. 7.
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