BIBHUTI BHUSAN BAG Vs. I J RAO

JUDGEMENT

(1.) THIS is an application which was made by the petitioner inter alia for the issue of a writ of or in the nature of certiorari to the first rsepondent requiring him to transmit and certify to this Court the records of the proceedings had before him in respect of the notices to show cause bearing numbers sw (IV) (T)52/66 p. and S|12 (IV)|t|52| 66 p. dated December 16, 1966 ; issue of a Writ of or in the nature of prohibition prohibiting the respondents and each of them from enforcing or from taking any step to enforce or taking any step under or continuing any proceedings under the aforesaid notices or any of them or from giving any effect to the same or to any order or orders that may be made thereon that may be made thereon, issue of a writ of or in the nature of mandamus commanding the respondents and each of them to forbear from taking any step under the said notices or from taking or continuing any proceeding in pursuance of the said] notices or giving any effect to the said notices or from giving any effect to any order that may be made on the said notices; issue of a writ of or in the nature of Mandamus commanding the respondents and each of them to restore and return to the petitioners the typewriters and the calculating machines seized from them and obtained by the respondents and to remove the seals placed on the machines lying at the petitioner No. 1's shop window and to return to the petitioners the documents seized from the petitioners.

(2.) BETWEEN 1961 and 1965 the petitioners acquired possession of about 200 typewriters, adding and calculating machines, all of foreign make. The modus operandi of the petitioners in acquiring the said goods were as follows : the petitioners used to contact indian crew of sea-going vessels. The petitioners requested the said crew to purchase goods in foreign countries as per instructions of the petitioners out of the money to be obtained by the said crew on account of their salary. The said crew would bring back the said goods to Calcutta at the time of their retrun and would clear the said goods from the Customs as part of their personal baggage free of duty. The petitioners would pay the price of the said goods to the said crew of the said vessels against delivery of the same. The petitioners would also provide from time to time during the sojuourn of the said crew in foreign lands, monies to the members of the family of the said crew. In this way, the petitioners were in possession of various typewriters adding and calculating machines, when on May 7, 1966, the business place of the petitioners at 8/2, Hastings Street, Calcutta, was searched and 54 pieces of typewriters adding and calculating machines were seized. Various documents including; diary, letters and other papers were also seized by the Customs authorities on that date. Various goods were found to be in broken condition at the said place at the time of search and were put under seal and directed to be kept by the owners.

(3.) THE said raid and search of the said place of business of the petitioners were made upon receipt of information from Messrs. Typewriters and Stationery Private Limited of 124, Netaji Su-bhas Road, Calcutta, who published advertisements in the Statesman for sale of typewriters and calculating machines "just imported. "