Judgment

GAJENDRAGADKAR, C.J.I. : Along with Civil Appeal No. 770 of 1962* in which we have pronounced our judgment today, four other civil appeals and four writ petitions were also placed for hearing, because they raise a common question about the construction of S. 52A of the Sea Customs Act, and we propose to deal with them by this common judgment.

* See AIR 1964 SC 1140.

2. We will first take Civil Appeal No. 803 of 1962 which has been filed by special leave by the British India Steam Navigation Co., Ltd., against the decision of the Central Board of Revenue pronounced on January 7, 1960, as well as the decision of the Central Government pronounced on May 27, 1961. The offending ship is Santhia and the fine imposed is Rs. 42,500/-. So far as this appeal is concerned, for the reasons given by us in dismissing Civil Appeal No. 770* of 1962, it also fails and must be dismissed with costs.

* See AIR 1964 SC 1140.

3. Civil Appeal No. 374 of 1961 and Writ Petition No. 121 of 1959 have been filed by Everett Orient Line Incorporated. The offending vessel in this case is Rebeverett . On September 5, 1957 the Collector of Customs had imposed a fine of Rs. 4 lakhs in lieu of confiscation of this vessel under S. 167(12A) read with S. 183 of the Sea Customs Act. This order was challenged by the appellant by preferring a writ petition before the Calcutta High Court under Art. 226 of the Constitution. D. N. Sinha, J., who heard this writ petition held that in imposing a fine of Rs. 4 lakhs, the Collector of Customs had misconstrued the scope of his jurisdiction and powers, and so, he set aside the said order and sent it back to him to reconsider the question of fine in accordance with law. This order was pronounced on September 11, 1958. As a result of the order of remand thus passed by the High Court, the matter was considered by the Collector of Customs again and the fine of Rs. 4 lakhs initially imposed by him has been reduced to Rs. 2 Lakhs. It is against this order that the appellant has come to this Court by C.A. No. 374 of 1961 and has also filed W.P. No. 121 of 1959.

4. C. A. No. 299 of 1963 has been preferred by special leave by the Everett Orient Line Incorporated. The offending ship is Noreverett . The Collector of Customs has imposed a fine of Rs. 1 lakh. The said order was challenged by the appellant by a writ petition before the Calcutta High Court. The said petition was dismissed by Sinha, J., on September 11, 1958, and an appeal under the Letters Patent preferred by the appellant was also dismissed on July 7, 1961. It is against this order of the Letters Patent Bench that the appellant has come to this Court in the present appeal.

5. Civil Appeal No. 312 of 1963 has been preferred by the Everett Orient Line Incorporated against the order of the Collector of Customs imposing a fine of Rs. 26 lakhs in lieu of confiscation of the vessel Rutheverett . This order was passed on October 1, 1960. The appellant has come to this Court by special leave directly against this order.

6. The remaining three writ petitions Nos. 2-4 of 1963 have been filed by the Shipping Corporation of India Ltd., the offending ships being State of Bihar , State of Uttar Pradesh , and State of Bihar respectively. These writ petitions have been filed against the orders of the Collector of Customs. In the first case, the order was passed on July 25, 1962, imposing a fine of Rs. 50,000/- in the second, the order was passed on September 4, 1962, imposing a fine of Rs. 10,000/-, and in the last, the order was passed on August 16, 1962, imposing a fine of Rs. 25,000/-.

7. We have heard all these matters together because they raise the same question which was raised for our decision by the appellant in C.A. No. 770 of 1962*. If these matters had not been placed together for hearing along with the said civil appeal, we would not have entertained them, except C. A. No. 299 of 1963. This latter appeal has been brought against the decision of the Calcutta High Cour