Judgement

SUBBA RAO, J. (With him Bachawat, J.): These five appeals by special leave were filed against the orders of a Division Bench of the High Court of Judicature at Bombay setting aside the order of a single Judge of that Court quashing the order of the Additional Collector of Customs, Bombay, levying fines on the respondents in lieu of confiscation of consignments of scrap iron exported to foreign countries. As the main point raised in all the appeals is the same, it would be enough if we state the relevant facts in one of the appeals, namely, Civil Appeal No. 376 of 1963, arising out of Misc. Petition No. 86 of 1958.

2. Messrs. Shantilal Chhotelal and Co., hereinafter called the firm, are a firm of Importers and Exporters of scrap iron. The said firm obtained an export licence, dated November, 7, 1956, from the Iron and Steel Controller permitting them to export from the port of Bombay 900 long tons of steel skull scrap. The licence was to hold good upto March 31, 1957, and the goods had to be shipped to Japan by s.s. " KUIBISHEV", Between October 1956 and March 1957 the firm purchased scrap iron from various sources at rates varying from Rs. 95 to Rs. 207 per ton. After they