Seizure of gold and participation in show cause adjudication: petition dismissed but participation application permitted and to be heard.

Challenge to seizure of gold and the related show cause notice was held not maintainable where the petition sought relief already disposed of in a connected proceeding; the petition was dismissed accordingly. Separately, although the show cause notice was not initially addressed to the petitioner, a filed representation permits consideration of participation: the petitioner is granted liberty to apply to the adjudicating authority for participation, and any such application must be heard and disposed of in accordance with law without undue delay. The existing restraint on sale of the seized gold remains operative as ordered in the connected proceeding.

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Issues: (i) Whether the challenge to the seizure of gold and the show cause notice is maintainable and sustainable; (ii) Whether the petitioner may be permitted to participate in the adjudication arising from the show cause notice.

Issue (i): Whether the challenge to the seizure of gold and the show cause notice is maintainable and sustainable.

Analysis: The petition was considered in conjunction with a connected writ petition raising substantially identical contentions. The earlier order disposing of the connected petition was applied to the present petition, resulting in dismissal for the reasons recorded in that order. The present petition did not receive independent relief on the merits beyond the outcome reached in the connected proceeding.

Conclusion: The challenge is dismissed; the petition is not allowed.

Issue (ii): Whether the petitioner may be permitted to participate in the adjudication arising from the show cause notice.

Analysis: Although the show cause notice was not originally addressed to the petitioner, a representation has been filed. It is permissible to allow a person with an interest to seek participation in adjudicatory proceedings. An application by the petitioner to the authority to participate must be considered and disposed of in accordance with law after hearing the petitioner, subject to cooperation and absence of undue delay in adjudication.

Conclusion: Liberty is granted to the petitioner to apply to the authority for participation in the show cause proceedings; if such an application is made, it must be considered and disposed of in accordance with law after hearing the petitioner.

Final Conclusion: The petition is dismissed while preserving the limited procedural right of the petitioner to apply for participation in the adjudication; the restraint on sale of seized gold as ordered in the connected proceeding remains operative for the period specified therein.

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