JUDGMENT

K.N. SAIKIA, J. :- These appeals by special leave are from the judgment of the High Court of Orissa, Cuttack dated July 3, 1980 in two writ applications under Article 226 of the Constitution of India allowing the applications and quashing the penalty imposed on the. writ petitioner under the Customs Act of 1962 (hereinafter referred to as the Act).

2. A commercial vessel M. V. Jag Darshan arrived at Paradip Port on March 29, 1976. It was being rummaged by the customs officers from April 6, 1976 to April 13, 1976. In course of the rummage the customs officers recovered various contraband goods worth more than Rs. 1,40,000/-Rupees one lac forty thousand), seized some quantity and detained the vessel by issue of a proper notice to the Master of the vessel with a copy to the second respondent Sri V. L. Choudhary, Deputy Conservator of Paradip Port Trust. At the instance of Sri V. L. Choudhary and another the vessel was shifted to the reads i.e. far away anchorage of Paradip port which was far in the high sea. As a result of the shifting, despite the detention order, the rummaging operation was interrupted as the customs staff had to leave the vessel and the vessel had to remain