SITA RAM AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By an order dated 8th March, 1957, the Collector of Central Excise and Land Customs, New Delhi, directed the confiscation of 16 pieces of 'Bathur' gold with a marking of 'R. C. R. D.' thereon, under section 167 (8) of the Sea Customs Act, 1878. read with section 19 thereof as made applicable by S. 23-A of the Foreign Exchange Regulation Act 1947.-A personal penalty of Rs. 5,000.00 was also imposed on the petitioner

(2.) The allegations, on which the customs authorities took action against the petitioner, are that on 9th April, 1956, the customs officers of the Central Excise Collectorate. New Delhi, on a prior information, apprehended the petitioner when he was sitting at the shop of Shri Rattan Chand Saraf in Chandni Chowk, Delhi; that he had a bag lying close to him at the said shop; that he was asked by the customs officers to show the contents of the said bag and that on search it was found to contain 12 pieces of Bathur gold with a marking of 'R. C. R. D.' on them. The petitioner was then brought to the Customs House. Delhi, and 4 more bars of similar gold were recovered from him from his waistcoat.

(3.) It is pertinent to refer to respondence between the petitioner Collector of Central Excise and Land customs pertaining to the petitioner's request to summon evidence. On 3rd July, 1951 Petitioner wrote to the Collector, Central Excise Collectorate, New Delhi, and in the next paragraphs thereof ave the precise particulars of each transaction made by him and the materials which correspondence the said transactions. In proof he said