B.P.JEEVAN REDDY, S.RANGANATHAN, V.RAMASWAMI
Union Of India – Appellant
Versus
Sampat Raj Dugar – Respondent
JUDGMENT
B.P. JEEVAN REDDY, J. :-Leave granted.
This appeal is directed against the Judgmentt and Order of a Division Bench of the Bombay High Court dismissing the Letters Patent Appeal No. 807 of 1987 preferred by Union of India and the Collector1 of Customs. The said appeal was preferred against the judgment and order of a learned single Judge allowing the Writ Petition (85 of 1987) filed by the first respondent herein. The learned single Judge had, by his judgment, quashed the order dated 15-9-1986 passed by the Collector of Customs, Bombay confiscating the goods in question under Section 111(d) of the Customs Act, 1962, and directed the Collector of Customs and the Union of India to hand over the said goods (four consignments of raw silk yarn) to the first respondent or his clearing agent, for reshipment to Hong Kong in terms solicited by him. The learned Judge granted a further direction to the effect that for the period the goods were detained, rendering the first respondent liable to pay demurrage to Bombay Port Trust, the Collector of Customs and the Union of India shall issue a detention certificate in his favour.
2. The second respondent Ms. Renu Pahilaj is doing business at
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