Denial of Inspection, Measurement and Photography of Seized Article: Delhi HC permits to Inspect [Read Order]

The Delhi High Court permitted to inspect the seized shawl on the ground of denial of inspection, measurement and photography of the seized article.

The petitioner filed the writ petition to quash the communication dated 14.06.2022 disposing of the representation of the petitioner by a non-speaking order, denying the petitioner inspection, measurement and photography of the seized article and to issue a writ of mandamus or any other appropriate writ, order and direction in the nature of mandamus commanding the respondent no. 1 to decide the representation of the petitioner.

The counsel for the respondent submitted that as per his instructions, the shawl was seized in the presence of the petitioner and a punchnama and other record of seizure was duly prepared and that the shawl was also sealed and kept in a sealed cover in the presence of the petitioner and sealing was duly acknowledged by the petitioner and thereafter seized shawl was transferred to the custodian i.e., the Celebi Delhi Cargo Terminal Management India Pvt. Ltd.

A Division Bench of Justices Sanjeev Sachdeva and Ravinder Dudeja observed that “Since petitioner is merely seeking an inspection of the shawl that was seized besides taking photographs and measurements of the shawl, we are of the view that in the interest of justice, petitioner be permitted to inspect the shawl in the presence of duly authorized representative of the Customs Authorities.”

“In view of the above, petition is disposed of permitting the petitioner to inspect the subject shawl in the presence of authorized representative of the Customs Authorities. Petitioner may also take photographs of the shawl and measure the shawl in the presence of the said officer. It is, however, clarified that this order shall be without prejudice to the rights and contentions of the parties and no special equity shall flow in favour of the petitioner because of this order” the Court noted.

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