M PONNALAGU PILLAI Vs. COLLECTOR OF CUSTOMS MADRAS

JUDGEMENT

(1.) THIS Writ Petition coming on for hearing on Monday 1-7-1963 upon perusing the petition and the affidavit filed in support thereof the order of the High Court, dated 24-3-1961 and made herein, and the Counter affidavit and reply affidavits filed herein and the records in O.S. 640 of 1960 R.D. relating to the order dated 24-10-1960 on the file of the Collector of Customs, Madras and comprised in the return of the Respondent to the Writ made by the High Court, and upon hearing the arguments of Mr. T. Govindarajulu, Advocate for the Petitioner and Mr. S. Mohan, Advocate for Additional Government Pleader on behalf of the respondent, and having stood over for consideration till this day, the court made the following order:

(2.) THIS is a petition under Article 226 challenging the order of the Collector of Customs, Madras, on the ground that the principles of natural justice have been violated and that finding that the petitioner is a person concerned in the offence of illegal import within the meaning of Section 167(8) of the Sea Customs Act, 1878 has been reached on the basis of no evidence whatsoever and accordingly the order impugned is also vitiated by errors apparent on the face of the record.

(3.) CERTAIN statement appear to have been recorded from the passengers but none from the petitioner Ponnalagu. It may be stated here that while the seizures were affected on 2nd and 3rd of April, 1960, Ponnalagu came from Singapore to India on the 7th of April, 1960. He was detained at the Meenambakkam airport and the order states that