2024 (10) TMI 1363

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....etitioner and Mr Kantharia for respondents 1 to 7. 2. The petitioner has prayed for the following reliefs in this petition: - "a) That this Hon'ble Court may be pleased to declare: i. That the seizure of the gold dust by Respondent No.7 vide Seizure Memo No. 534/2024 dated 28.04.2024 (Exhibit 'B' hereto) is illegal and without jurisdiction; ii. That the subsequent actions of the Respondents culminating into the arrest of the Petitioner vide Arrest Memo dated 28.04.2024 are illegal and violate the fundamental rights of the Petitioner; iii. That Respondent Officers have no jurisdiction to accost and apprehend Transit passengers, illegally detain them and/or illegally seize their goods which were never me....

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.... pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, order or Direction directing Respondent No. 8, 9, 10 and 11 to preserve all CCTV footage at Chhatrapati Shivaji Maharaj International Airport, Mumbai, covering the Petitioner's presence on the Airport premises on 27.04.2024 and 28.04.2024." 3. Dr Kantawala submitted that the response of respondents about the CCTV footage at the Chhatrapati Shivaji Maharaj International Airport, Mumbai, being erased within 30 days is not acceptable and, in any event, such erasion is contrary to the directions issued by the Hon'ble Supreme Court in the case of Paramvir Singh Saini Vs. Baljit Singh and Others (2021) 1 Supreme Court Cases 184. 4. Dr Kanta....

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....itioner's contentions, including the contention regarding CCTV footage or its preservation, are kept open. Already, by our order dated 01 August 2024, we recorded Mr Kantharia's statement, made on instructions, that the seized goods will not be disposed of until adjudication proceedings are concluded. This statement was accepted as an undertaking to this Court. 8. Since, in this matter, gold dust is seized from the petitioner. We think that the interest of justice would be met if the direction for not disposing of seized items until adjudication proceedings are concluded must operate. We direct accordingly. 9. We had also indicated that if the conclusion in the adjudication proceedings is adverse to the interest of the petitioner,....