BAL KISSAN KEJRIWAL Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) This is an application by Bal Kissen Kejriwal alias Bal Krishna Kejriwal under Article 226 of the Constitution for a writ of Mandamus or Certiorari and prohibition in respect of proceedings under Sections 167 (3) and 167 (8) of the Sea Customs Act read with the Import and Export Control Act, 1947. Actually two proceedings are mentioned in the petition and its prayers. One started with the notice to show cause No. S-37-255/55P (Part) II dated 7-2-1956 and the other started with the notice to show cause No. S37-272/55P dated 3-3-1956. Mr. R.C. Deb, learned Counsel for the applicant, has withdrawn this petition in so far as it relates to the first notice to show cause No. S37-255/55P (Part) II dated 7-2-1956. He was allowed to do so without prejudice to the rights and contentions of any of the parties.

(2.) The order complained against is dated 19-6-1956, but it was despatched on 25-7-1956. The order imposes a personal penalty of Rs. 30,000/-on the petitioner and directed that such penalty should be paid within a week. It is signed by S. K. Srivastava, Additional Collector of Customs.

(3.) Some of the points urged in this petition are already covered by my judgment delivered on 23-12-1957 in Matter No. 140 of 1956 in Palriwala Bros. Ltd. v. Collector of Customs, Calcutta . Mr. Deb for the applicant has not pressed those points on which I have already come to a decision in that case. He does not abandon those points but having regard to my views already expressed in that judgment, he does not press them before me.