RAJESHWAR PRASHAD Vs. COLLECTOR OF CUSTOMS AND CENTRAL EXCISE CENTRAL REVENUES BUILDING MATHURA ROAD NEW DELHI

JUDGEMENT

(1.) Rajeshwar Prashad by means of this petition under Articles 226 and 227 of the Constitution of India against the Collector of Customs and Central Excise, and the Union of India through Secretary, Ministry of Finance, has prayed for the issuance of a writ to quash the orders dated September 9, 1968 and January 2, 1969, and for a direction to the respondents to return car No. DLJ 2916 to the petitioner.

(2.) The petitioner is one of the two partners in firm New India Watch Company, Chandni Chowk, Delhi. Ambassador car . No. DLJ 2916 was purchased by that firm in 1965. On April 5, 1968 the petitioner and one Madan Lal were apprehended by the Customs Preventive Staff, New Delhi, in car No. DLJ 2916 after they had been noticed by the said staff coming out of a house in Safdarjang Extension occupied by B. K. Jain, Flight Engineer of the Indian Airlines Corporation. The raid party found a brief case in the car and on opening the same recovered 60 bars of gold weighing 10 Tolas each and bearing foreign markings. Some currency notes and other papers were also recovered. As the petitioner and his companion could not produce any evidence for the lawful import, purchase or acquisition of the said gold. the same was seized for action under the Customs Act. Car No. DLJ 2916 too was seized on the allegation that the same was being used for the carriage of smuggled goods by the petitioner and was liable to confiscation under section 115(2) of the Customs Act. On September 9, 1968 the Collector of Customs passed the following order:-

(3.) On January 18, 1969 the petitioner served a notice through his counsel on the Collector of Customs and Central Excise .for the release of the car in question. As no action was taken by the respondents on the said notice, the petitioner filed the present petition on February 21, 1969 praying for the issuance of a writ for quashing the orders dated September 9, 1968 and January 2, 1969, and for a direction to the respondents to return the car to the petitioner.