BERNARDO STEENHOLF ULTRICH Vs. DISTRICT COLLECTORERNAKULAM

JUDGEMENT

(1.) This is an application by the petitioner, who claims to be a Bolivian National, under Art.226 of the Constitution, for issue of a writ of certiorari or any other appropriate writ or order or direction for quashing two orders dated 25-2-59 & 23-3-59, passed by the District Collector and Additional District Magistrate, Ernakulam as against the petitioner, under Para.11 of the Foreigners Order, 1948.

(2.) There are several allegations in the affidavit filed by the petitioner in support of the application which, in my view, have no bearing on the present application. Those allegations really relate to proceedings taken by the Customs Authorities which are directly the subject matter of challenge by the petitioner in O.P. 577/1959 which is pending decision by this court. Therefore, I shall confine myself only to the relevant matters which may have a bearing on this application.

(3.) It is stated in the affidavit filed in support of the application that the petitioner is a Bolivian National and that he took a honey-moon trip with his wife from Genoa to Colombo and he had also taken his car No. OFR. 770. The petitioner left Colombo with his wife for Genoa on 4-12-58 by M. V. Australia. The petitioner states that he and his wife had no intention of disembarking anywhere except at Genoa. On 5-12-58, the ship touched Cochin Port and it is also stated that neither the petitioner nor his wife had any idea of lauding at Cochin, nor did they make any attempt to do so, nor had they any intention of unloading their car, which was in the ship at Cochin. 4. The petitioner further states about some search made by the Customs officials on the ground that they suspected the existence of smuggled goods. It is further stated by the petitioner that his wife was allowed to continue her voyage, but the petitioner himself was brought out from the Boat, by the customs authorities and kept in the custody of the Customs Officers. The petitioner was lodged in a room in the Malabar Hotel in the Willington Island and was guarded by plain clothed men.