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Judgment
Shri P.L. ''Agyan'' is present for the petitioners, Shri Shishir Kumar is present for respondent Nos. 1 and 2 and Shri Rakesh Ranjan Agarwal is present for respondent Nos. 3 and 4.
By this petition the petitioners seek a writ of certiorari quashing the impugned notices dated 31-1-1992 and 23-3-1992 contained in Annexure Nos. 9 and 13 respectively.
These notices have been issued u/s 108 of the Customs Act, 1962 (hereinafter referred to as the Act), under which power has been conferred upon the authority concerned to summon the person concerned to appear before it to adduce evidence and to produce the relevant documents.
Learned counsel for the petitioners submits that if anything is seized which is said to be in contravention of the provisions of the Act, a notice u/s 28 of the Act is required to be sent to the person concerned within six weeks (sic) from the date of the seizure of the articles, but in the instant case more than six months have elapsed from the date of the seizure and no such notice has been issued to him within the aforesaid stipulated period.
The submission made by the learned counsel has no force at all because the impugned notices have been issued u/s 108 of the Act for which no limitation is prescribed.
This being so, no interference with the impugned notices in writ jurisdiction is called for.
The writ petition is accordingly dismissed. The stay order dated 8-4-1992 stands hereby vacated.