S K SUNDARAM Vs. SECRETARY MINISTRY OF FINANCE

JUDGEMENT

(1.) THIS Writ Petition coming on for orders as to admission on Tuesday, 18th day of July 1995 upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. S.K. Sundaram petitioner appearing in person and having stood over for consideration till this day, the court made the following order :- The Petitioner, a member of the Bar, has filed the writ petition by way of public interest litigation. The petitioner seeks for a direction directing the respondents 1 to 5 to make a through probe/investigation in respect of the representation of the petitioner dated 13-6-1995, 21-6-1995 and 24-6-1995 regarding an alleged attempt to export the Indian made Computer Disc by respondents 7 and 8.

(2.) THE Petitioner placed his reliance in a report made in Tamil weekly Magazine "Junior Vikadan" dated 14-6-1995 under the heading 'Pedipattathu Saraku Kadhi Kalangiyathu Customs'. In short the report is to the effect that Indian made computer Disc valued about Rs. 6 lakhs sought to be exported to a firm in Russia. In the invoice the export value has been mentioned as Rs. 1, 50, 00, 000/-. THE Additional Collector (Customs) on some information had suspicion and opened the container and estimated the value at Rs. 6 lakhs. Whereas in the invoice enhanced value has been given. He felt that there is something fishy and started to probe the matter further. THEreafter the Additional Collector of Customs seems to have received instructions from Delhi to drop the further proceedings as the exporter is one Sri Gupta, son-in-law of Birla and the Advisor for his company is one Mr. Prabhakara Rao, who is the son of the Prime Minister. When the Additional Collector refused to drop the proceedings, he was transferred.

(3.) THOUGH the petitioner has stated in the writ petition that the export was made by respondents 7 and 8, in his affidavit in para 14 he has categorically stated that the export was made by respondents 6 and 7. The sixth respondent is the Additional Collector. Hence the petitioner himself is not clear as to who tried to export the computer discs.