BAHADUR SINGH Vs. JASWANT RAJ MEHTA

JUDGEMENT

(1.) THIS is an appllication by Bahadur Singh, Proprietor, Golden Goods Transport Co. , Naya Bazar, Delhi, and Chandan Singh Driver, care of Golden Goods Transport Company, Delhi, under Articles 226 and 227 of the Constitution of India, against Shri Jaswant Raj Mehta, Commissioner, Customs ami Excise to the Government of Ralasthan, Shri Shyam Sunder Narain, Deputy Commissioner (Appeals) Customs and Excise, Rajasthan, Ltd. , Col. Thakur Ranjit Singh, Deputy Commissioner Customs and Excise, Jaipur Division and the Government of the United State of Rajasthan through its Chief Secretary, for a writ of 'certiorari' to quash the judgment of the Deputy Commissioner, Customs and Excise, Jaipur Division, and for prohibiting the respondents from realising the fines imposed on the petitioners, and from confiscating their truck No. 391 or for any other direction or order necessary under the circumstances of the case.

(2.) THE case of the petitioners is that the Deputy Commissioner, Customs and Excise, Jaipur Division, convicted the petitioner under Section 48, Matsya Customs Ordinance, 1948, for contravening the provisions of Section 46 (1) of the said Ordinance, and fined each petitioner Rs. 101/-and ordered that ten times the customs dues of Rs. 154/11/6 be realised from the petitioners, and their truck No. 391 be confiscated. THE petitioners say that the Deputy Commissioner, Customs and Excise, Jaipur Division, had no power to impose the penalty, which has been imposed by him on the petitioners, and that even if he had any such power under the Matsya Customs Ordinance, 1948, that power offended against the provisions of Articles 13 and 14 of the Constitution of India.