BAJAJ BROTHERS PRIVATE LIMITED Vs. D P ANAND

JUDGEMENT

(1.) The petitioners are a private limited company carrying on business inter alia as exporters and importers and held an import licence dated the 6th of December 1957 permitting them to import goods classified under Serial No. 188/4 of the Import Trade Control Schedule for the period October 1957 to March 1958. By two indents dated 15th November and 21st November 1957 they imported cotton fancy piece-goods under this import licence. The goods arrived per "s.s. Jaladruv" in Bombay on the 19th February 1958.

(2.) By a show cause notice dated 19th of May 1958 issued by the Assistant Collector of Customs, Bombay, the petitioners were called upon to show cause why penal action should not be taken against them and why the said goods should not be confiscated under Section 167(8) of the Sea Customs Act. In the said show cause notice the petitioners were called upon to give their explanation in writing within 7 days from the date of the show cause notice and to inform the Assistant Collector of Customs if they desired to have a personal hearing before him. By their letter dated the 20th of May 1958 the petitioners stated that the goods imported by them were embroidered all overs and that the goods did not have patterns running lengthwise and repeated at equal distance, that the design stripes in the fabrics could not be easily separated for use as laces and therefore the consignment was covered by their import licence. By their further letter dated the 14th of July 1958 they requested the Assistant Collector of Customs to refer the matter to the Chief Controller of Imports if necessary and again requested him to release the consignment against their licence.

(3.) By his order dated the 25th of July 1958 the 1st respondent held that the explanation given by the petitioners in their reply dated the 20th of May 1958 was not satisfactory, that the petitioners had committed an offence attracting the provisions of Section 167(8) of the Sea Customs Act and directed that the goods in question should be confiscated. He gave an option to the petitioners under Section 183 of the Act to pay an option fine of Rs. 11,500 in lieu of confiscation and furthermore imposed a personal penalty of Rs. 5,700 on the petitioners. It is against this order that the present petition has been preferred.