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1994 Supreme(SC) 614

B.P.JEEVAN REDDY, S.C.AGRAWAL
Gajanan Visheshwar Birjur – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.PANDEY, C.V.SUBBA RAO, JOSEPH VELLAPALLY

Judgment

B.P. JEEVAN REDDY, J.- The validity of confiscation of books imported by the petitioner from Peoples Republic of China is questioned in this writ petition filed under Article 32 of the Constitution. The petitioner is a distributor and publisher of Marxist literature. In the year 1978, he imported books comprising mainly the writings of Mao Zedong (both in English and Indian languages). The books were imported by sea through Bombay and Calcutta Ports. They were seized at the said ports. Show-cause notices were issued by the Assistant Collectors of Customs of both the places calling upon the petitioner to show cause within seven days why the seized books be not confiscated for violating Notification No. 25 dated 9-3-1960, No. 77 dated 22-9-1956, No. 158 dated 26-11-1969 and No. 186 dated 1-12-1962 under Section 111(d) of the Customs Act, 1962. As many as sixteen show-cause notices were issued by both the authorities put together. On receipt of show-cause notices, the petitioner wrote to them protesting about the mere seven days time given to him for filing his explanation. He wanted at least a months time for submitting his explanation. He submitted further that the notifica































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