UNION OF INDIA Vs. RAHAMATULLAH ZADEH

JUDGEMENT

(1.) This is an appeal from an order rejecting an application property interessee sue made by the Union of India praying that the Official Receiver of this Court should not claim or take possession of the consignment of Raw Russian Lamb Skin being Calcutta Foreign Parcels Nos. U.K. 38576/85 of 12/63 under the order dated the 7th July 1964 until a valid Import Trade Licence in respect thereof be produced before the Assistant Collector of Customs for postal appraisement, and for other reliefs. The facts are shortly as follows :- In November 1963, the Mount Fur Company Limited, the defendant in Suit No.1093 of 1964 filed by Rahamatullah Zadeh, sent from London ten parcels of which the particulars are given above, to Rahamatullah Zadeh, the plaintiff above named, at Calcutta. No Import Trade Licence in respect of the goods was produced by Rahamatullah Zadeh or his clearing agents or his clearing agents to the Assistant Collector of Customs for postal appraisement in spite of demands for the same, with the result that the Customs Authorities could not release the goods. The goods were lying in the custody of the Superintendent, Foreign Post Office, Calcutta. Thereafter by letter dated the 14th July, 1964 addressed to the Assistant Collector of Customs for postal appraisement, the Official Receiver of the High Court, Calcutta informed the said Collector that an order had been passed by this Court on the 7th July, 1964, in the said suit appointing him the Official Receiver as the Receiver in respect of the said parcels then lying in the custody of the Superintendent, Foreign Post Office, Calcutta. The Assistant Collector was further informed that the order directed the Receiver to take possession of the said parcels and documents and papers upon payment of costs and charges, if any, and the Official Receiver also asked for possession of the said parcels.

(2.) Correspondence followed between the Official Receiver and the Assistant Collector of Customs which was later taken up by the Solicitor for the Central Government in Calcutta. On the 17th of August, 1964, Mr. S. K. Mandal, the Solicitor, wrote to the Official Receiver that the goods mentioned in the order of the Court dated the 7th July 1964 had been imported in contravention of the Import Trade Control Regulations without an Import Trade Licence. It was mentioned that the said importation was prohibited under Section 11 of the Customs Act, 1962, read with Section 3(2) of the Import and Export (Control) Act, 1947 and Order No.17/65 dated 7th December 1965 issued by the Government of India, Ministry of Commerce and Industries and that the goods were liable to confiscation under Section 111(d) of the Customs Act, 1962. The addressee was called upon to produce the Import Trade Control Licence and other covering documents relating to the goods and was informed that such a licence was necessary before any action could be taken to release the goods. In rely the Official Receiver wrote back to say that he was not aware as to whether the goods had been imported in contravention of the Import Trade Control Regulations or not. Ultimately on the 11th of September, 1964 the Official Receiver sent a bunch of documents containing Invoices, Insurance Policies Packing specification etc. but no Import Licence. The Solicitor Mr. Mondal by letter dated the 28th of November, 1964 asked for the Import Trade Control Licence covering the goods in order to enable the Customs Authorities to proceed with the assessment. By a letter dated the 9th December 1964 the official Receiver informed Mr. Mondal that his office was not in possession of any Import Trade Control Licence.

(3.) The application property interessee sue was made by a petition affirmed by one Bhupal Sen Gupta on the 13th May, 1965. In this petition after referring to the facts stated above, it was asserted in paragraph 8 that until and unless a valid Import Trade Licence covering the said goods was produced no one was entitled to or could claim the said goods and it was incumbent upon the petitioners to institute adjudication proceedings for confiscation of the goods. By paragraph 10 the Union of India submitted that suitable and/or necessary directions should be given directing the Official Receiver not to demand or take possession of the consignment until the production of a valid Import Trade Licence.