A KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions and appeals unfold a curious set of events.

(2.) On or about May 11, 1982, Bills of entry were filed by Indian Steel Corporation, 19, Sembudoss Street, Madras-1, for the clearance of "stainless steel circles defective". Indian Steel Corporation was said to be a proprietary concern of "a. Kumar". On examination by customs authorities, it was found that the imported goods were of prime quality and not defective as declared by the importer. The licence of the importer was in respect of "defective stainless steel circles" only. It was also found that the import licence was not validly transferred in favour of A. Kumar/indian Steel Corporation. A showcase notice dated 15/16th October, 1983 was issued under Section 124 of the Customs act, 1962 proposing confiscation of the said goods and for levy of penalty. Soon after receiving the show-cause notice, A. Kumar filed Writ Petition (C) No. 2 of 1983 in this court challenging its validity.

(3.) Another Writ Petition (C) No, 8168 of 1982 was also filed by A. Kumar in this court for a declaration that the "scale of rates" prescribed by the Madras Port Trust are unconstitutional and to restrain the Port trust from collecting the charges in accordance with the said scale of rates and also for issuance of detention certificate.