Tilak Raj Jain And Anr. Vs Additional Director General (Delhi High Court)
Delhi High Court held that repeated placing and removing from call books is not a valid justification for non-adjudication of show cause notice for about 15 years. Accordingly, notice is liable to be quashed.
Facts- Petitioners were engaged in the trading of indigenous and imported Galvanised Iron wires through their firm M/s. Ikon Wire (India). The imported GI wires were being procured from one Shri Sandeep Aggarwal who used to import the same through various firms, either owned or operated, being M/s. Shivalik Impex, M/s. Raghav Impex, M/s. Popular Mart and M/s. White Leaf.
DRI suspected undervaluation in the import of GI wires and “Wire Mesh” that was being imported by these four firms. Accordingly, on 25th February, 2008, the DRI conducted certain searches at the premises of the supplier, as also the godown of the Petitioners who had purchased the said products from him.
It is the case of the Petitioners that they were forced to deposit a sum of Rs. 75,00,000/- in the name of the said importing firms. On 12th June, 2008, the Petitioners sought to resile from the statements made by them and also sought release of the sum deposited, i.e., Rs. 75,00,000/-.
