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1988 Supreme(SC) 341

SABYASACHI MUKHARJEE, S.RANGANATHAN
CHUHARMAL – Appellant
Versus
UNION OF INDIAS – Respondent


Advocates:
A.Subhashini, B.B.Ahuja, Kuldip Singh, N.M.GHATATE, S.V.DESHPANDEY

Judgment

SABYASACHI MUKHARJI, J.-This is a petition for leave to appeal under Article 136 of the Constitution of India directed against the judgment and order dated November 25, 1985 of the High Court of Madhya Pradesh at Jabalpur. The petitioner herein had challenged by a petition under Article 226 of the Constitution the order dated December 26, 1975 passed by the Collector of Central Excise, Nagpur, directing confiscation of 565 wrist-watches seized from the petitioners possession on May 12, 1973 under Section 111 of the Customs Act, 1962 (hereinafter called the Act) and the imposition of penalty of Rs 2,00,000 under Section 112 of the Act and as well as the order dated August 10, 1979 passed by the Central Board of Excise and Customs dismissing the petitioners appeal and thereafter the order dated January 8, 1981 passed by the Government of India dismissing the petitioners revision.

2. It appears that the petitioner along with his father and brothers migrated to India from Pakistan. It is stated that the petitioner started business of cutlery in Indira Market Durg and has got this separate business from other two brothers. The petitioner further asserted that he was not also asso



















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