ADDITIONAL COLLECTOR OF CUSTOMS Vs. SITARAM AGARWALLA

JUDGEMENT

(1.) This appeal is brought from a decision of G.K. Mitter, J., dated March 25, 1960, by which the learned Judge directed the issue of Writs in the nature of Certiorari, Mandamus and Prohibition in respect of an order made by the Additional Collector of Customs on the 15th June of 1959.

(2.) The respondent was proceeded against under Section 167 (8) of the Sea Customs Act and a personal penalty of Rs. 60,000/- was imposed upon him by the Additional Collector of Customs on the finding that he was a person concerned in smuggling gold of foreign origin into India. A sum of Rs. 49,320/- found upon his person was directed to be detained in Order to be applied towards realisation of the penalty in the event of its remaining unpaid.

(3.) It appears that besides the respondent two other persons Bholanath Gupta and a Chinese national named Wong Chit Khaw were proceeded against; Bholanath was dealt with in the same proceeding with the respondent but the Chinese national Khaw was dealt with separately in another proceeding. Nothing having been established against Bholanath, no penalty was imposed upon him; but in a separate proceeding the Additional Collector of Customs imposed a personal penalty in the sum of Rs. 20,000/- on the said Wong Chit Khaw and ordered confiscation of 23 bars of Chinese gold valued at Rs. 40,441/11 nP., found upon him.