1974 (9) TMI 109

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....on and the affidavit filed in support thereof and other material papers filed herein and upon hearing the arguments of Mr. K.C. Rajappa, Advocate for the petitioner, the court made the following order : 2. The petitioner prays for the issue of a writ of mandamus directing the respondents, namely, the Asst. Collector of C. Ex., I.D.O. Sivakasi and the Inspector of C.E., Prev. Group. Office ....

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....e petitioner admits that on 28-2-1974 an adjudication order has been passed under which the goods have been confiscated to the Government. In view of the existence of this order no writ of mandamus can be issued to the respondent directing them to return the goods to the petitioner. Now, two things are clear. One is that the goods themselves have not been seized from the custody of the petitioner ....