RAJIV SHAKDHER, J. - (1.) This is a writ petition in which, challenge is laid to the communication dated 10-11-2016, passed by the second respondent, whereby, it has been communicated to the petitioner that the gold bars/gold jewellery weighing 466 grams, valued at Rs. 11,93,892/-, would be disposed of, upon expiry of 15 days from the date of issuance of the said notice, unless a stay is obtained by him on the operation of the order-in-original or the order-in-appeal. The consequential relief that the petitioner seeks is that the seized goods i.e., gold bars be released to him as per Mahazar dated 23-12-2015.
(2.) What is curious is that there is infact, concededly, no adjudication order passed by the respondents herein. Therefore, the reference in the impugned communication dated 10-11-2016 that the seized goods would be released unless a stay is obtained of the order-in-original or of the order-in-appeal is completely contrary to the records obtaining in the case; a circumstance, which has been affirmed before me by the counsel for the respondents.
(3.) Briefly, the instant writ petition came to be instituted in the background of following facts and circumstances : 3.1 The petitioner, who is an Indian passport holder travelled from Abu Dhabi to Chennai on a Jet Airways Flight, 9W 525 dated 23-12-2015, which reached Chennai on 23-12-2015. Upon his arrival, the petitioner was intercepted at the airport. The petitioner, was subjected to search. The search revealed that the petitioner was carrying four yellow coloured metal bars, which according to the respondents were concealed in grey coloured trousers worn by him. Accordingly, the gold bars were seized. The respondents, however, as per the prescribed procedure had the gold bars weighed. The record shows, that the four gold bars, weighing 466 grams, which were valued at Rs. 11,93,892/-, had a purity of 24 carat. ;