UNION OF INDIA Vs. KHALIL KACHERIM

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 26/8/1968 of Tatachari, J. by which a writ petition filed by the respondent was allowed; the seizure of the diamonds belonging to the respondent was declared unwarranted and illegal; the order of seizure was quashed and the appellants were directed to return the packet containing diamonds to the respondent.

(2.) The following facts led up to the filingf the writ petition. On 14/8/1967 the respondent arrived from overseas by an Air France flight at Palam Airport, New Delhi. Upon arrival at the airport, he requested the Customs Officer on duty to keep in customs custody a packet which was declared by him to contain four smaller packets containing diamonds of the value of approximately $ 34,000. Thereupon the Customs Officer on duty issued a detention receipt staling that one packet containing four smaller packets said to contain diamonds of the value of $ 34,000 sealed with the passenger's own seal and the customs seal over his signature had been received. It was further stated on the face of this receipt by the Customs Officer "declared re-export allowed" and "declared-pending re-export out of India." Tlie respondent thereafter left for Bombay from where he returned on 24/8/1967 on which date he was to fly by an Air France flight leaving New Delhi at night. Before his departure, the respondent requested for return of the diamonds as he was leaving India but they were not delivered back or released. The respondent, therefore, did not leave by the Air France flight and approached the appellants again on the following day for delivery of the diamonds. The diamonds were not returned but in the evening the respondent's statement was recorded. On 26/8/1967 a Panchanama was prepared wherein it was stated, inter alia, "since the diamonds which were detained for re-export on 14/8/1967 vide D. R. No. 1372/88 are liable for confiscation under the Customs Act, 1962 (No. 52 of 1962), the diamonds are accordingly seized under section 110 of the same Act." A demand for return of the diamonds was made on 30/8/1967 and since it was not complied With, the respondent filed Civil Writ No. 1300 of 1967 in this Court.

(3.) It is not disputed that the detention receipt aforesaid was issued to the respondent under section 80 of 'the Customs Act, 1962 after the respondent had made the declaration contemplated by section 77 of the said Act. These two sections appear in Chapter XI of this Act which contains special provisions regarding baggage, goods imported or exported by post, and stores and are in these terms:-