(1.) This appeal is brought from an order of P.B. Mukharji, J., dated January 22, 1958, dismissing an application under Article 226 of the Constitution and discharging a Rule Nisi requiring the respondents to show cause why a penalty of Rs. 30,000/- imposed on the appellant under Section 167 (8) of the Sea Customs Act should not be set aside or quashed.
(2.) The appellant is a son of one Kanaiyalal Kejriwal, a Director of the Firm of Palriwala Brothers Limited. It is said that the appellant signed several shipping documents as export superintendent, and was thus concerned in, an attempted illegal exportation of groundnut oil cakes, mis-described as sesame oil cakes by the said Palriwala Brothers.
(3.) Proceedings were accordingly taken against the appellant by the Customs authorities which terminated in the imposition of the personal penalty referred to above by" S.K. Srivastava, Additional Collector of Customs, on June 19, 1956.