1995 (1) TMI 90

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..... -  This appeal is preferred against the order dated 13th December, 1994 passed in Writ Petition No. 19343 of 1994. Learned Single Judge has directed the respondents to complete the investigation within a period of 4 weeks from the date of the order, decide the matter and issue show cause notice within a period of 10 days after the investigation is concluded and complete the adjudication wit....

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....he goods under Section 49 of the Act.". The period granted by the learned single Judge for completion of the investigation will be over within 3 days. Thereafter, within a month, the adjudication, has to be completed. Thus, on or before the 13th February, 1995, the entire process has to be completed. 3.The grievance of the appellant is that as per the provisions contained in the Customs Act,....

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....ioner/appellant has requested the Court to exercise the power of the Assistant Collector of Customs under Section 49 of the Act which the court is not bound to exercise in a petition under Article 226 of the Constitution and while doing so, if the Court has placed any condition, such a condition need not be interfered with in an appeal. 5.Learned counsel for the appellant has taken us through t....

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....ion. As already pointed out, such a relief is to be sought only before the Assistant Collector of Customs who will be posted with the relevant facts and circumstances of the case and on taking into consideration all those facts, he would be able to take a decision as to whether the importers should be allowed to store the imported goods in a public warehouse. When such a power is to be exercised b....