ISHWAR PARASRAM PUNJABI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition filed under the provisions of section 482 Cr.P.C., the legality of an order passed by the Metropolitan Magistrate. New Delhi, on 25th April, 1989 on the application moved by the Customs' Department under section 110 (1-A) of the Customs Act, 1962, is assailed on the plea that the order suffers from inherent defect as it has been passed without any notice to the petitioner, whose rights were likely to be prejudicially affected any without affording him an opportunity of being heard.

(2.) The facts in so far as they have a bearing on the point in issue here, are that as per allegations made in the application moved on 20th April 1989 by the Special Public Prosecutor for Customs Department before Shri V.B. Gupta, Metropolitan Magistrate, New Delhi who is link magistrate to the Addl. Chief Metropolitan Magistrate, New Delhi, contraband goods consisting of V.C.Rs., VCPs, colour film rolls, photo papers, ete. all of foreign origin were siezed from different places on 18th November, 1988. The seizure was effected in exercise of the powers under section 110 of the Customs Act 1962. These, inter alia, included 676 VCRs., 357 VCPs and 59,900 colour film rolls and 4 photo papers, all valued at Rs 1.66,80,000.00 recovered from 201, Sainik Farm, New Delhi, which premises were under the control and possession of Ishwar Parasram Punjabi (the petitioner herein).

(3.) Pleading that these goods required immediate disposal and further that if these were not disposed of, the same would be destroyed and thus result in national wastage and that it was in the interest of Justice that the case property, namely, the goods which were notified for the purpose of the section 110 (1-A) of the Customs Act are sold or disposed of; the magistrate was approached with the request to certify the correctness of the inventory, taking photographs, and certifying such photographs as true, allowing lo draw representative samples of the goods and certifying the correctness of the list of samples so drawn. The application concluded with the prayer that appropriate orders, as required by section 110 (1-A) and 110(1-B) of the Customs Act be passed.