1 WP No.7298 OF 2010 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7298 OF 2010 Santosh Menon ..Petitioner Vs. The Commissioner of Customs ..Respondents Mr. S.N.Advani i/b Mr. Advani Sachwani Heera for the Petitioner Mr. P. S. Jetly for the Respondents CORAM :- V.C.DAGA & R.M.SAVANT,JJ. DATE :- 29th SEPTEMBER ,2010 P.C. Heard Learned Counsel for the Petitioner and the Learned Counsel appearing for the Respondents. Perused Petition. 2 Mr. Jetly the Learned Counsel appearing for the Respondents submits that the Assistant Commissioner of Customs (prevention) has made a statement on oath that the Department will issue a show cause notice within one week and subject to filing of reply thereto and personal hearing, the show cause notice will be adjudicate upon within the period of 4 weeks from the 2 WP No.7298 OF 2010 date of receipt of copy of reply. The statement is taken on record. In view of this statement, the Learned Counsel for the Petitioner seeks permission to withdraw this Petition. The Petition is dismissed as withdrawn. 3 Needless to say that it is open to the Petitioner to move an application for the provisional relase. In that event the prayer for provisional release shall be decided on its own merits with expeditious disposal. 4 The Petition is disposed of as withdrawn with no order as to costs. (R.M.SAVANT,J.) (V.C.DAGA,J.)