S. NARAYANAN Vs. THE COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for the issue of a writ of certiorari calling for the records of the Collector of Customs, Madras, and quash the order, dated 19th June, 1958, in C. 3/751 of 1958 -Ap., which confirmed the order of the Assistant Collector of Customs, Madras, confiscating certain important goods. One Senjoo Chetty had placed an order through the petitioner, with M/s. Willy G. Czech, Exporters, Bremen, West Germany, for a quantity of Bright Iron Boot Studs. Senjoo Chetty had a licence under the Import Control Order authorising him to import those goods. The licence was, dated 14th March, 1957 and it was current for a period of six months thereafter. Within the period of the licence, the exporter despatched 50 cases of Boot Protector Studs. The next consignment of about 49 cases was despatched by steamer. But unfortunately, it was done outside the period of Senjoo Chetty's licence. The goods arrived in Madras Harbour. But the importer refused to take delivery of the goods. The petitioner who appears to be an enterprising gentleman had himself a licence to import similar goods for the value of Rs. 500. The licence was, dated 27th December, 1957 and it was current during the period when the steamer carrying the 49 cases of Boot Studs arrived at Madras. He started corresponding with the exporter, who was not new to him, pointing out to him the loss that would ensue by re -booking the goods which could not be cleared for want of licence in favour of Senjoo Chetty. He offered that he would himself personally take the goods if they were to be sold to him for the sum of Rs. 500. The exporter was willing for that course. He sold the entire consignment of 49 cases, in respect of which he had billed Senjoo Chetty £215 -12 -0 to the petitioner for a sum of £36 -15 -0. An invoice was duly made for that purpose. Armed with his own licence, which authorised import of goods priced at Rs. 500, the petitioner approached the Customs Authorities for delivery of the goods. While so doing, he informed the Authorities of the market value of the goods as £215 -12 -0. The Assistant Collector of Customs held that as the market value of the goods imported was higher than what the licence in favour of the petitioner covered, there was a contravention of the licence and therefore of the provisions of the Import Control Act, 1947. He therefore directed the confiscation of the goods with liberty to the petitioner to clear the goods on payment of Rs. 1,200 within four months from the date of the order in lieu of confiscation. The petitioner thereupon filed an appeal to the Collector of Customs but without success. By these proceedings the petitioner seeks to quash the orders aforesaid on the ground that there has been no contravention of the terms of the licence and that as such the Customs Authorities acted beyond their jurisdiction in directing the confiscation of the goods.

(2.) THE import of goods from foreign countries is controlled as a result of the policy of the Government to encourage local industry and also with a view to conserve; the foreign exchange for the benefit of the country. The Import and Exports (Control) Act, 1947, is intended to prohibit, restrict or otherwise control imports and exports into and from this country. Under Section 3(1) of the said Act the Central Government may, by an order make provision for prohibiting, restricting or otherwise controlling the import and export of goods of any description. Sub -section (2) states that goods to which the order under Sub -section (1) would apply shall be deemed to be goods of which the import or export has been prohibited or restricted under Section 19 of the Sea Customs Act, 1878 and that all the provisions except Section 183 or the latter Act would apply. In exercise of the powers conferred under the Import Control Act the Government of India passed the Imports Control Order, 1955. Clause 3 of that Order states that, save as otherwise provided in the Order, no person shall import any goods of the description specified in Schedule I, except under and in accordance with a licence or a customs clearance permit granted by the Central Government. The licence granted to the petitioner for importing goods says: