GAJANAN VISHESHWAR BIRJUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The validity of confiscation of books imported by the petitioner from Peoples Republic of China is questioned in this writ petition filed under Article 32 of the Constitution. The petitioner is a distributor and publisher of Marxist literature. In the year 1978, he imported books comprising mainly the writings of Mao Zedong (in both English and Indian languages). The books were imported by sea through Bombay and Calcutta Ports. They were seized at the said ports. Show cause notices were issued by the Assistant Collectors of Customs of both the places calling upon the petitioner to show cause within seven days why the seized books be not confiscated for violating Notifications No. 25 dated 9th March, 1960, No. 77 dated 22nd September, 1956, No. 158 dated 26th November, 1969 and No. 186 dated 1st December, 1962 under Section 111(d) of the Customs Act, 1962. As many as sixteen show cause notices were issued by both the authorities put together. On receipt of show cause notices, the petitioner wrote to them protesting about the mere seven days time given to him for filing his explanation. He wanted at least a months time for submitting his explanation. He submitted further that the Notifications referred to in the show cause notices were not available to a layman like him and requested for supply of copies thereof. The Assistant Collector of Customs, Calcutta replied to him stating that he has little option in the matter in view of the statutory notifications and that it is open to the petitioner to make a personal representation, if he so desires. He, however, made no reference to the request of the petitioner for supply of copies of the ; notifications. Thereafter, orders of confiscation were passed holding that the import of the said books is in violation of the Notification No. 77 dated 22nd September, 1956. The final orders do not say that any other notification was violated. Complaining against the said orders, the petitioner approached this Court in the year 1979. Though the disposal of the books was stayed, his request for release of the books was not granted. The petition has come up for hearing after a period of fifteen year which period has seen cataclysmic changes in the communist world. Probably, no one would care to seize or confiscate the writings of Mao, if they are imported today. That, of course, is later history.

(2.) The main submission of the writ petitioner is that he has a fundamental right to propagate Marxist thought as expounded by Lenin and Mao Zedong and that inasmuch as the books imported by him have not been proscribed, he has a right to import and distribute them. He submits that the books are in no way prejudicial to the security of the State or public order and, therefore, the notifications banning the import of the said books are violative of his fundamental right under Article 19(1)(a). He seeks to invoke Article 19(1)(g) as well.

(3.) In the counter-affidavit filed on behalf of the Government of India, it is stated that Section 3(1) of the Import and Export (Control) Act, 1947 empowers the Central Government to prohibit import of goods of any specified description and that the goods imported despite the said prohibition are liable to confiscation under Section 111(d) of the Customs Act. It is submitted that there was no duty cast upon the Assistant Collectors of Customs to supply the copies of notifications to the petitioner. They were also not bound to inform him of the date of hearing in the absence of an explanation from him. The confiscation is fully warranted by Notification No. 77 and is unobjectionable.