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1962 Supreme(SC) 226

A.K.SARKAR, J.R.MUDHOLKAR, K.SUBBA RAO
East India Commercial Company LTD. , Calcutta – Appellant
Versus
Collector Of Customs, Calcutta – Respondent


Judgement Key Points

The case of M/s. East India Commercial Co. Ltd. versus the Collector of Customs primarily addresses the scope of jurisdiction of customs authorities in proceedings related to the confiscation of imported goods. The core issue was whether the Collector of Customs had the authority to confiscate goods on the grounds that a condition of the import license had been violated, or whether such a breach of license conditions fell outside the jurisdiction of the customs authorities and required separate criminal proceedings.

The court clarified that a breach of a condition of a license issued under an order made under the relevant control Act is considered a breach of the order itself. Therefore, the customs authorities do have jurisdiction to adjudicate whether such breaches occur and to proceed with confiscation under the applicable statutory provisions. The court emphasized that conditions imposed in licenses are valid and lawfully imposed under the statutory powers delegated to the government, and violations of these conditions constitute breaches of the orders that empower confiscation.

Furthermore, the court held that proceedings initiated by customs authorities under the relevant sections are quasi-judicial in nature, and the authorities are empowered to decide whether the goods are liable to confiscation based on violations of conditions or restrictions. The decision of the higher courts on legal questions is binding on the authorities, and they are bound to act within the scope of their jurisdiction as defined by law.

In conclusion, the judgment affirmed that the customs authorities have the jurisdiction to confiscate goods if there is a breach of conditions attached to import licenses issued under lawful orders. This includes breaches related to the sale or disposal of imported goods contrary to the conditions, as these are considered breaches of the orders themselves. The court also dismissed the plea for a writ of prohibition, reinforcing that the authorities' actions were within their legal competence and jurisdiction.


Judgment

SARKAR, J. : The appellants had brought into India from the U. S. A. a large quantity of electrical instruments under a licence. The respondent the Collector of Customs, Calcutta started proceedings for confiscation of these goods under S. 167(8) of the Sea Customs Act, 1878. The appellants contend that the proceedings are entirely without jurisdiction as the Collector can confiscate only when there is an import in contravention of an order prohibiting or restricting it and in the present case the Collector was proceeding to confiscate on the ground that a condition of the licence under which the goods had been imported had been disobeyed. The appellants, therefore, ask for a writ of prohibition directing the Collector to stop the proceedings. The question is, has the Collector jurisdiction to adjudicate whether the goods are liable to be confiscated? The decision of that question, however, depends on certain statutory provisions and the facts of the case to which, therefore, I shall immediately turn.

2. Sub-section (1) of S. 3 of the Imports and Exports (Control) Act, 1947 provides that the Government may by order prohibit restrict or otherwise control the import of goods.






























































































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