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1957 Supreme(SC) 119

A. K. SARKAR, S. K. DAS, S. R. DASS, T. L. VENKATARAMA AYYAR, VIVIAN BOSE
Leo Roy Frey: Thomas Dana – Appellant
Versus
Superintendent, District Jail, Amritsar – Respondent


Advocates:
B.SEN, M.C.SETALVAD, N.C.CHATTERJI, NANAK CHAND GUPTA, R.H.Dhebar

Judgment

S. R. DAS, CJI. : In their respective separate petitions, the petitioners pray (1) for an order, direction or writ in the nature of certiorari and/or prohibition calling for the records in the case of the Assistant Collector of Land Customs & Central Excise, Amritsar, against the two petitioners and one Moshe Baruk, on the file the Additional District Magistrate of Amritsar and for quashing the proceedings therein, and (2) for an order, direction or writ in the nature of habeas corpus for the production before this Court of the persons of the petitioners to be dealt with according to law.

2. The facts appearing from the records are shortly as follows: The petitioner, Leo Roy Frey, purchased a car No C. D. 75 TT 6587, from an officer of the American Embassy in Paris. This car was sold by the petitioner Frey to the petitioner Thomas Dana, in May 1957. On transfer, the car was registered in the name of the petitioner Dana on May 18, 1957. Bot the petitioners thereafter booked their passages through the American Express Company from Geneva to Bombay by ss. ASIA. The car was also shipped by the same vessel. The two petitioners disembarked at Karachi on June 11, 1957, and after a




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