Judgement

GOVINDA MENON J. - This application under Art.32 of the Constitution raises the question of the constitution of S. 178-A, inserted in the Sea Customs Act (VIII of 1878), by S. 14 of the Amending Act XXI of 1955, and the chief ground on which it is sought to be struck down is that it offends Art.14 of the Constitution. From the affidavits of both the parties to which there are annexures the following facts emerge:

2. The petitioner carries on business as a broker in diamonds and precious stones in Calcutta and according to him, he enjoys credit and reputation in the market as a well-known and respectable broker of such goods. On 4-5-1955, the, Rummaging Inspector (Intelligence) Customs House, Calcutta No.3 armed with a search warrant from the Chief Presidency Magistrate Calcutta, Respondent No.4, searched the residential room of the petitioner, situated at No. 32, Sir Hariram Goenka Street Calcutta, and after a minute search of the steel almirah in which according to the statement of the petitioner, he used to keep his stock in trade and finding none there questioned him as to where he had secreted the diamonds to which the reply given by him was in the negative.

There upon