R.K. ANGANGBI SINGH Vs. COMMISSIONER OF CUSTOMS (PREVENTIVE) AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed with prayer(s) (i) to set aside and quash the inventory of goods (Seizure Memo) dated 27.08.2014 prepared by the Customs Inspector (Preventive) Unit, Shillong under Section 110 of the Customs Act, 1962 and the proceedings initiated by Customs Authorities under provisions of the Customs Act pursuant thereto; (ii) to direct the release of 26 pieces of gold biscuits rectangular in shape and size along with other seized articles as per Seizure Memo; and (iii) to pass any other order/orders as deemed fit and proper in the facts and circumstances of the case.

(2.) THE brief facts of the case as pleaded herein are : the petitioner claims to be owner of a jewellery shop in the name and style as M/s. Radhika Jewellery with Registration No. 6192 of Municipal Council at Imphal. It is in the name of the wife of the petitioner Smjti RK Sonia Devi, but the business is mainly managed by the petitioner with the help of his wife, relatives and employees. The Head Office is situated at Sagolband Bijoy Govinda near NRL Pump, Imphal -795001 and the Branch Office is at Paona Bazar, Governor Road, Imphal. The business of the petitioner, inter alia, includes sale of gold, jewellery and gold coins. The petitioner purchases gold from the bona fide sources with valid documents. Besides, the petitioner is also engaged in side business of granites, tiles and marbles.

(3.) THE petitioner states that during the course of his business of sale and purchase of gold, between 1st April, 2013 to 17th April, 2014, he purchased 17.340 kg of gold bars amounting to Rs. 13,05,33,419.00 from one authorized dealer namely, M/s. Magna Projects Pvt. Ltd., 163 Rabindra Sarani, 2nd Floor, Room No. 2/3, Kolkata -700007. All payments were made through Bank transactions by the petitioner under Account No. 91302000035118723 at Axis Bank. Valid documents/invoices were issued by the aforesaid dealer M/s. Magna Projects Pvt. Ltd. The details of the purchase of gold from M/s. Magna Projects Pvt. Ltd. during the period commencing from 1st April 2013 to 17th April, 2014 along with the respective invoices number, date, quantity and value are as hereunder: - -