NARESH CHAND VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 28th April, 1986 passed by the Assistant Collector of Customs (ACC), Customs House, Mangalore in No. IMNO. 121 of 1985 produced as Annexure-T.

(2.) The petitioner has also further prayed for issue of a writ in the nature of mandamus directing the second respondent to release 10 GP defective steel coils to him.

(3.) The petitioner imported 113 GP defective steel coils. All the coils were scheduled to be unloaded at Mangalore Port, but only 10 coils were unloaded on 17-6-1985 at Mangalore due to labour strike at the Mangalore Port, and the remaining 103 coils were unloaded at Cochin Port. The Assistant Collector of Customs, Mangalore, waited for about 9 months. Even then, the goods were not cleared by the petitioner. Therefore, he issued a show cause notice dated 14-3-1986 produced as Annexure-S to the petitioner to show cause as to why the 10 GP defective steel coils in question should not be confiscated under Section 48 of the Customs Act, 1962 (hereinafter referred to as the Act) for the failure on the part of the petitioner to clear them.