RADHA KISHAN BHATIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE following judgment of the court was delivered by: :

(2.) A number of gold bars, held to be smuggled gold, were recovered from the person of the appellant on 17/09/1957, when he was going in a truck from Jaisalmer to Pokaran. The Superintendent of Land Customs issued a notice to the appellant on 4/12/1957, to show cause why penal action be not taken against him and as to why the goods should not be confiscated under s. 167(8) of the Sea Customs Act, 1878 (Act 8 of 1878), hereinafter called the Act. The appellant showed cause and on 21/03/1959, the Collector of central Excise and Land Customs, hereinafter shortly termed Collector, ordered the confiscation, of the gold seized from the person of the appellant and imposition of a penalty of Rs. 15,000.00 on him under S. 167(8) of the Act. The appellant presented writ application under art 226 of the Constitution to the High court of Punjab praying for the issue of a writ of certiorari quashing the order of the Collector dated 21/03/1959 and for the issue of a writ of mandamus directing the respondents not to take any steps against him for the realisation of the amount of penalty.

(3.) MR. Prem, for the respondent, has urged that on these facts the appellant must be held to be 'interested in the importation' of the smuggled gold and that the word 'concerned' in S. 167(8) of the Act be construed in; the light of the policy of the Act and the difficulties in establishing the fact of a person found in possession of smuggled gold being actually concerned in the importing of it illegally.