( 1 ) THIS is a petition under Article 226 of the constitution by one Devi Chand for the issue of a writ of certiorari to quash the order of the Collector of Central Excise, Hyderabad in C. No. VIII/ 10/11/63, dated 29-7-1963, imposing on him a penalty of Rupees 50,000/- under S. 112 (a) of the customs Act, 196 2 (hereinafter called "the Act") for having abetted the smuggling into Indian customs waters of a large quantity of spice of the value of Rs. 2. 7 lakhs in a launch from Ceylon and the subsequent landing of the goods at an unfrequented seashore near Eathamukkala in Ongole taluk, Guntur District. In respect of the same transaction, penalties ranging from Rs. 25,000. 00 to Rs. 7,00,000. 00 were imposed on five other persons including one Md. Salab Sahib, who has filed the companion writ petition No. 1248 of 1963.

( 2 ) WE should like to say at once that the petitioner has chosen to bypass section 128 of the Act, under which an aggrieved person has a right of appeal to the Central Board of Revenue and Sec. 131, where under a revision lies to the Central Government, and has invoked the special jurisdiction of this Court under Article 226 of the Constitution withou