Judgment

RAGHUBAR DAYAL, J. :

A number of gold, bars, held to be smuggled gold, were recovered from the person of the appellant on September 17, 1957, when he was going in a truck from Jaisalmer to Pokaran. The Superintendent of Land Customs issued a notice to the appellant on December 4, 1957, to show cause why penal action be not taken against him and as to why the goods should not be confiscated under S.167(8) of the Sea Customs Act, 1978 (Act VIII of 1878), hereinafter called the Act. The appellant showed cause and on March 21, 1959, the Collector of Central Excise and Land Customs, hereinafter shortly termed Collector, order the confiscation of the gold seized from the person of the appellant and imposition of a penalty of Rs. 15,000/ - on him under S. 167(8) of the Act. The appellant presented a writ application under Art. 226 of the Constitution to the High Court of Punjab praying for the issue of a writ of certiorari quashing the order of the Collector dated March 21, 1959 and for the issue of a writ mandamus directing the respondent not to take any setps against him, for the realisation of the amount of penalty.

2. The writ petition was allowed by the learned Single Judge on