CW 9974/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.9974/2007 Abdul Ajij Reshamwala Versus Union of India & Others. Date of Order ::: 06/05/09 Hon'ble Mr. Justice Ajay Rastogi Mr. SR Surana, for petitioner Instant petition is directed against order dt.03rd/04th October, 2002 (Ann.5) whereby Commissioner, Customs & Central Excise, Jaipur held that petitioner has no locus standi to claim over the Indian currency of Rs.21,23,050/- seized on 16/05/92 – against which petitioner preferred appeal (No.684/2002/NB) before Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi but was dismissed on 23/05/03 (Ann.6). After almost four years of order impugned, instant petition has been filed and there is no reasonable explanation brought forward on record about delay, except reiterating that it was not within his acknowledge prior thereto and respondents have not informed about judgment being passed. The delay, itself, is fatal to entertain instant petition in equitable/ discretionary jurisdiction U/Art.226 & 227 of the Constitution. That apart on merits also, Commissioner CW 9974/07 //2// vide order (Ann.5) has taken note of statements recorded of Rajendra Soni, Ahmed Bhai, Radhey Shyam Sharma, Kashiram Soni & Dilip Kumar who appeared on behalf of the petitioner and after detailed discussion, finally held that petitioner has no locus standi to claim over Indian currency seized on 16/05/92. Even from narration of facts under order impugned it appears that police officers of Sanganer Airport (Security) Jaipur apprehended Shri Rajendra Soni s/o Mool chand on suspicion while he was to board Indian Airlines under fictitious name of Dinesh Patel S/o Tikka Bhai; one VIP suitcase & bag containing Indian currency of Rs.21,23,050/- were recovered from his physical possession and after thorough investigation, the police found that currency notes were sale proceeds of smuggled foreign marked gold biscuits. Detailed investigation was made and statements of afore-named persons were recorded. Petitioner, in fact, filed application for claiming Indian currency seized from alleged person Rajendra Soni on 16/05/92 at Jaipur while he was travelling in fictitious name of Dinesh Patel in aforesaid circumstances. Appellate authority also considered statements in details and taking note of material CW 9974/07 //3// on record, found no justification to interfere and finally observed that release of confiscated Indian currency of Rs.21,23,050/- has been rightly declined by Commissioner (Appeals) in favour of petitioner and the order impugned does not suffer from legal infirmity or illegality which may call for interference. Counsel for petitioner submits that the order impugned is non-est and even if there is any delay, writ petition cannot be dismissed on the ground of delay and he cannot be deprived from his legitimate right of consideration on merits. Counsel further submits that statements recorded of Rajendra Soni & others were under duress and cannot be read in evidence U/Ss 24 & 25 of Indian Evidence Act and Art.20(3) of the Constitution atleast against petitioner; and as such finding impugned is not legally sustainable. In the considered opinion of this Court, in the facts of instant case, the delay itself was sufficient to deny relief as claimed for. Even on merits, both the Commissioner (Appeals) and Tribunal under orders impugned have considered in details taking note of material on record including statements recorded of persons in course of investigation and found no justification in holding the petitioner having CW 9974/07 //4// locus standi to claim confiscated Indian currency seized from Rajendra Soni on 16/05/92. Having considered contentions made by Counsel for petitioner and carefully gone through material on record, I find no manifest error in the findings recorded under orders impugned which may call for interference. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.4/9974CW07May06.doc