ABBAS HAJI Vs. GOVT 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 C. M. 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 the 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 significance and have not been relied on by the department or the learned single Judge.

(3.) Show cause notices were issued to the appellant and six others, namely, Shri M. M Abdulla Kunhi S/o Mammunhi, Shri Mammad alias Srakutty Mammed S/o. Kadavath Anthru, Shri M. M. Thajuddin alias M. M. Thaji. S/o. m. M. Abdulla Kunhi, Shri B. M. Abdul Khader S/o. Vadakkan Mammunhi, Shri C.M. Abdulla S/o. Mammunhi and Shri Thervath Kasmi S/o. Anthunhi.