KALLATRA ABBAS HAJI Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) PENALTY of a lakh of rupees imposed on the petitioner under the Customs Act pursuant to recovery of foreign fabrics not from the petitioner's house, but from the premises of the other persons has given rise to the writ petition and this appeal.

(2.) IN 1974, the Customs Officers recovered 15 gunny bundles of fabrics of foreign origin from the premises belonging to Sri Abdul Khader and Sri CM. Abdulla. Investigation commenced. They denied ownership of the goods or any involvement in the import of these goods and they were also absent when the recovery was effected. However, they seem to have stated before the customs authorities that the contraband seized belonged to petitioner, appellant and they were imported at his instance and with his connivance. The department had taken statements from other persons also and recovered two letters from the house of one Abdulla Kunhi. In these two letters there is no reference to the appellant and they contained only certain codes which even the departmental officials could not decipher. These letters have lost all significances and have not been relied on by the department or the learned single Judge.

(3.) THE appellant and others disclaimed any liability. There was a hearing. The appellant had the assistance of an advocate Sri. K. Kunhirama Menon who appeared for him before the authorities and appeared in this Court also. Oral evidence was also taken. Eventually the Additional Collector of Customs, Cochin, by order dated 4th February, 1978 (Ext. P6) imposed the penalty of a lakh of rupees on the appellant. The officer relied on the statements 'by the other parties involved in the case' that the goods were smuggled for and on behalf of the appellant, found no reason to 'disbelieve or distrust those statements', and held that these statements were not 'disproved' by the appellant 'by presenting sufficient and standing recorded evidence' and thus found that the charges were proved against the appellant.