1996 (12) TMI 86

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....l for the parties. 2.The petitioner - Salem Shevapet Silver & Katcha Exchange Brokers Association, in this writ petition, has sought for Writ of Mandamus directing the respondents not to search any place of business of the members of the petitioner association for seizing any Silver Bullions without strictly adhering to norms prescribed in the circular of the third respondent dated 11-6-1990, a....

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....hich are being smuggled into India. The silver bullion found to bear foreign markings and lesser quantities of silver bullion. To circumvent the Ministry's instructions and to avoid detection by Customs officers, the unscrupulous dealers melt the silver bullion of foreign origin into lesser quantities i.e., less than 30 kgs. bars without changing the purity. They do not want to change the purity i....

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....hey were all found to be of 99% purity. Therefore the first respondent, on the reasonable belief that they were melted out of illicitly imported silver bars into India in violation of the provisions of Customs Act, seized them for taking further action under Customs Act. Therefore the petitioners' contention that, while the Ministry's instructions are observed throughout the Country and on the con....

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....e first respondent is scrupulously following the instructions contained in the Ministry's Letter No. F. 394/233/88. Cus. (As), dated 11-6-1990. 6.In the light of the specific statement made by the respondents in the counter affidavit that the respondents are acting in accordance with the instructions contained in the circular, dated 11-6-1990 referred to by the petitioners in the writ petition,....