NARAYANAKUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this Writ Petition, the petitioners are the brothers, who have sought for issue of Writ of certiorari calling for records in File No. VIII/10-11/cus. /div. 95 from the 2nd respondent, quash the Order-in-Original no. 2/ac/1996, dated 31-1-1996 passed by him and directing the 2nd respondent to restore the Sony Television set 29 "made in Japan intact with the other goods seized by the Customs Officers from the shop of the petitioner's father at Ahmedabad on 15-11-1995 as per Ex. "c" to the 1st petitioner at Madras or the 2nd petitioner at Ahmedabad or in the alternative to pay a sum of Rs. 68, 200/ -.

(2.) THE necessary facts for the purpose of disposal of this writ petition are these : THE 1st petitioner has come down to Madras upon an invitation by his father-in-law late Sri Jugraj P. Jain to commence his own business and he is staying here since past more than one year. His father-in-law had promised to gift a colour T. V. set to his daughter, the wife of the 1st petitioner and accordingly, he had purchased one Sony Colour T. V. 29 made in Japan in the name of the 1st petitioner from an Air Passenger Sellaiyan karunanidhi on 10-11-1995 for Rs. 65, 000/ -. THE 1st petitioner wanted to install that T. V. Set at his native place at Rajasthan and booked the same to ahmedabad in the name of his wife Neelam through a courier service in the name and style of "tirupati Air Cargo" between Madras and Ahmedabad having his office at N. S. C. Bose Road Cross, Madras-3. THE 2nd petitioner is staying with his father and doing business in General Marchandise at Ahmedabad. THE 1st petitioner asked the 2nd petitioner to get released the T. V. set from the Courier and keep it in his house so as to enable the 1st petitioner to carry the same to his native village during the next month. THE baggage receipt No. 016809, dated 1-11-1995 and an affidavit executed by the said Air Passenger S. Karunanidhi on 10-11-1995 before Notary Public have been collected by the petitioner.

(3.) MR. Ranka, learned Counsel raised number of contentions in this writ petition. He has contended that the impugned order dated 31-1-1996 passed by the 2nd respondent is absolutely void and without jurisdiction. Since the 2nd respondent has usurped jurisdiction upon wrong assumption of facts and conducted the proceedings in a manner contrary to law and offending the sense of justice and fair play. The impugned decision of the 2nd respondent is based on patent misconstruction of the provisions of the Customs Act and the amended baggage Rules as per various notifications of the Central Government. According to the learned Counsel, he submitted that in respect of Sony Colour T. V. set, the 2nd petitioner had properly produced the baggage receipt dated 1-11-1995, ex. A. 1 which goes to show that the said T. V. was properly purchased from the air Passenger and that too under his affidavit duly authenticated by a Notary public of Madras. The opinion expressed by the second respondent that the baggage receipt was issued for an old T. V. whereas the subject T. V. is totally new and unused is absolutely unwarranted and uncalled for. It was for the customs Officers at the Airport who should have raised such objections before clearing the goods under the baggage receipt.