- (1.) WE have heard learned Counsel for the parties.
(2.) THIS petition is directed to seek a mandamus against the respondents that they be directed to return 85 silver slabs/bars, which were seized by the officers of the Central Excise and Customs Department on 3 -8 -1965 and 8 -8 -1965 from the residential premises of the petitioner in compliance of the order of CEGAT dated 14 -8 -1997 in Appeal No. C/543/95/NB [1998 (99) E.L.T. 332 (Tri.). The CEGAT has held the aforesaid 85 silver slabs/bars, which were of foreign markings, were with the petitioner more than 30 to 50 years before the date of seizure and therefore, cannot be termed as smuggled goods, liable to be confiscated. In spite of the order of the CEGAT, the Customs Department has not returned slabs to the petitioner notwithstanding there was no order passed by any court staying operation of CEGAT.
(3.) THE reference application moved before the CEGAT was also dismissed by it. This writ petition was kept pending as an application Under Section 130 of the Customs Act, 1962 was pending before this Court on behalf of the Customs Department for seeking a reference to this Court. D.B. Civil Reference Application No. 21/2003 (Commissioner, Central Excise v. Gunwant Lal) has since been dismissed by this Court on 30 -10 -2003.;