Court dismisses Writ of Mandamus petition, respondents comply with circular instructions preventing harassment The court dismissed the petitioner's request for a Writ of Mandamus as the respondents assured compliance with the circular instructions dated 11-6-1990 ...
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Court dismisses Writ of Mandamus petition, respondents comply with circular instructions preventing harassment
The court dismissed the petitioner's request for a Writ of Mandamus as the respondents assured compliance with the circular instructions dated 11-6-1990 regarding the search and seizure of silver bullions. The court found that the respondents were following the Ministry's instructions to prevent undue harassment to law-abiding individuals possessing small quantities of silver bullions, justifying their actions under the Customs Act, 1962. Consequently, the court concluded that issuing the Writ of Mandamus was unnecessary and disposed of the petition based on the respondents' statement of adherence to the circular instructions.
Issues: Petitioner seeking Writ of Mandamus for search and seizure of silver bullions adhering to specific norms as per circular dated 11-6-1990. Respondents following Ministry's instructions as per counter affidavit. Contention regarding adherence to circular instructions by respondents.
Analysis: The petitioner, a Silver & Katcha Exchange Brokers Association, filed a writ petition seeking a Writ of Mandamus directing the respondents not to search any business place of the association's members for seizing silver bullions unless adhering strictly to the norms prescribed in a circular dated 11-6-1990. The respondents, in their counter affidavit, explained their actions in seizing silver bullions below 30 kgs, which were suspected to be illicitly imported. They stated that they were following the Ministry's instructions to prevent undue harassment to law-abiding persons possessing small quantities of silver bullions of Indian origin. The respondents emphasized that the seizures were made based on a reasonable belief that the silver bullions were illicitly imported into India, justifying their actions under the Customs Act, 1962.
The petitioner's counsel argued that the respondents must strictly adhere to the circular dated 11-6-1990 when conducting searches for silver bullions, implying that the respondents were not following the instructions contained in the circular. However, the respondents' counsel pointed out in the counter affidavit that the first respondent was scrupulously following the Ministry's instructions as per the circular. The court noted the specific statement made by the respondents in the counter affidavit regarding their adherence to the circular instructions referred to by the petitioners. Consequently, the court found no need to address other contentions raised in the writ petition or delve into additional details provided in the counter affidavit. The court concluded that since the respondents assured compliance with the circular instructions, issuing a Writ of Mandamus was unnecessary. The court disposed of the Writ petition based on the respondents' statement of adherence to the circular instructions dated 11-6-1990.
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