JOHN P D SOUZA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is providing catering services to the Ocean-going ships. On April 2, 1966, steamship "JALADHIR" arrived in the Bombay Port. The ship was captained by one Dehyadre, who was known to the petitioner for more than 24 years. Dehyadre visited the place of the petitioner in the city. Thereafter on April 9, 1966, the petitioner drove his car bearing No. BMY 3132 to the Indira Docks and the car was parked near the place where the ship was berthed. The bearer of the Captain Dehyadre brought a suit case neat the car which the petitioner kept in the boot of the car. While the petitioner was waiting near the car, the Customs authorities raided the car and on opening the dicky and the suit case it was noticed that the suit case contained large number of contraband articles including nine liquor bottles. Apart from the suit case, in the dicky two cameras and projectors were noticed. The Customs Authorities seized the goods and prosecuted the petitioner and Dehyadre in the Criminal Court. In the Criminal Court both the petitioner and Dehyadre were acquitted.

(2.) The Customs Authorities commenced proceedings to confiscate the contraband goods as well as the car by service of show cause notice dated October 4, 1966. The Customs authorities proposed to confiscate the car as it was used in the smuggling of contraband articles. After the petitioner filed his reply, the Additional Collector passed an order on May 8, 1969 confiscating the contraband goods as well as the car owned by the petitioner. The petitioner was given an option to get the car released on payment of penalty of Rs. 10,000/-. The Assistant Collector imposed a personal fine of Rs. 5,000/- on the petitioner.

(3.) In an appeal preferred by the petitioner before the Appellate Collector of Customs, the order of confiscation of car was maintained but the fine of Rs. 10,000/- for exercising option was reduced to the amount of Rs. 5,000/- only. The personal penalty of Rs. 5,000/- was sustained. The Revision Application preferred before the Government of India ended in dismissal by an order dated October 7, 1977. These orders of confiscation of car and personal penalty on the petitioner are under challenge in this petition filed under Article 226 of the Constitution of India.