THAI AIRWAYS INTERNATIONAL LTD Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) The Court : The writ petitioners are a foreign Airways Company and its General Manager. They are affected by an order passed by the Collector of Customs (Preventive), West Bengal, dated 19th April, 1993. They invoked the writ jurisdiction of this Court as far back as on 22nd July, 1993 challenging such order.

(2.) It appears to this Court, that on numerous occasions this matter was heard by the Court from such time and ultimately the matter was placed under the heading old matters. Subsequently it was placed under the heading 'old adjourned matters' and ultimately it was heard by this Bench in respect of the merit of the matter.

(3.) Factual background of the case is that on 3rd April, 1991 at Calcutta Airport the Thai Airways Flight TG-311 landed as an non-scheduled flight due to some mechanical fault. The flight was on its route from Bangkok to Kathmandu. After necessary repairing the flight took off for Kathmandu. But after half an hour the flight came back again to Calcutta Airport with developed mechanical problem. Then the aircraft was rummaged by the Officers of Calcutta Customs after disembarkation of all the passengers from the aircraft. The rummage was held in presence of two independent witnesses and the Captain and other crew members of the aircraft. In course of rummage the Customs Officers recovered 15 packets which were concealed inside the hollow space besides the oil tanks under the toilet covers of the commodes of the rear-most part of the toilet of the aircraft. On examination of the packets gold bars were recovered. The total amount of gold bars was 55780 kgs. On enquiry, it was found that the gold bars were neither manifested in the aircraft, no documentary evidence was available with the gold and none came forward to claim ownership of the same. The Captain of the aircraft and other crew members failed to throw any light in respect of the gold bars and as such the gold bars so recovered were seized in the reasonable belief that the same had been smuggled into India in contravention of the provisions of the Foreign Exchange Regulation Act, 1973 and the Customs Act, 1962. However, goods were confiscated by the Customs Authority. A notice under Section 110 of the Customs Act was served upon the Captain of the aircraft. Search list was prepared. The aircraft was released provisionally on an undertaking given by the Station Manager of the Airways from the Calcutta office. A show cause notice was issued upon the Captain. The Station Manager and the Captain were examined. Nobody claimed the right of the confiscated goods.