ASSTT COLLECTOR OF CUSTOMS Vs. MARIA REGE

JUDGEMENT

(1.) Feeling aggrieved by the order dated 7/04/1990 passed by the Judicial Magistrate F. C. , Margao, Goa in Criminal Misc. Application No. 30/c/90 the Collector of Customs has preferred this Criminal Writ Petition seeking the same to be quashed and set aside on the following facts.

(2.) On a reasonable belief that respondent No. 1 along with others is involved in smuggling activities and further on the reasonable belief that respondent No. 1 had her residence at Merces Wadi, Taluka Tiswadi, is in possession of certain currency notes directly related to the offence of smuggling goods, carried out a raid on the house of respondent No. 1 on 18/02/1990 and seized currency notes worth Rs. 22,000/- from the said house.

(3.) On 31/03/1990 respondent No. 1 Smt. Rege moved an application before the Chief Judicial Magistrate, Margao seeking release of the currency notes seized from her residence by the Assistant Collector. On 7-4-1990 the said application came up for hearing after notice to the Collector of Customs and was taken up by the Judicial Magistrate F. G. , Margao who was on that day acting as Chief Judicial Magistrate. Upon hearing both the parties, the learned trial Judge passed the impugned order directing the release of currency notes of Rs. 22,000/- in favour of respondent No. 1. By the time the Assistant Collector could move the higher Courts, the respondent No. 1 also filed an application for non-compliance and contempt of the trial Court's order. That application was filed on 11/04/1990 on which day the trial Judge directed the Assistant Collector to comply with his earlier order of 7-4-1990.