VIRENDRA KUMAR GANDHI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Diwan in support of this petition Mr. Rana appears for Respondent Nos. 1, 2 and 3. Mr. Patel appears for Respondent Nos. 4 and 5/respondents added in view of the order passed today on Chamber Summons No. 130 of 2002.

(2.) THIS petition seeks directions to the Respondent Nos. 1, 2 and 3 to give effect to the order dated 18th April, 2001 passed by the Commissioner of Customs (Adjudication) directing them to return the amount of Rs. 2,00,30,000/- which has been deposited by the first petitioner with Respondent Nos. 1, 2 and 3. This is prayer clause (c) of the petition. The first petitioner is a director of the second petitioner-company which was earlier known as Dimple Overseas Limited.

(3.) IT is the case of the petitioner No. 1 that he is exporter and he has been wrongly involved in the transactions of Respondent Nos. 4 and 5. The first petitioner was forced to deposit the amount of Rs. 2,00,30,000/- supposed to be his part of the duty allegedly evaded by the Respondent No. 4/kunal Overseas Limited, an importer company. This was on the statement of Mr. Paresh Parekh/respondent No. 5 (a director of Kunal Overseas Limited) and, the petitioner was in fact in custody and was threatened to be detained under COFEPOSA. It is his case that it is because of these circumstances, that he tendered this amount to the Respondent Nos. 1, 2 and 3. The petitioner has annexed at Exhibit - F to the petition, a letter on behalf of his company i. e. Dimple Overseas Limited dated 29th January, 1999 forwarding therewith 25 Demand Drafts totalling to this amount of Rs. 2,00,30,000/ -. It is further case of the Petitioner that in view of this deposit, the threatened action was not taken.