JUDGMENT - (1) This is a suit filed for challenging the validity of certain orders passed under the provisions of the foreign exchange Regulation Act and the Sea Customs act and for recovering baci 310 tolas of gold confiscated in accordance with these orders. The plaintiff also seeks to recover in the alternative the value of gold viz., Rs. 30,790/- and interest at the rate of 6 per cent p.a. The plaintiffs case is as follws:

(2) The plaintiff was proceeding from Aden to Colombo and S. S. City of Durham by which the plaintiff was travelling arrived at Bombay on 30-11-1950 On that date the plaintiff for the purpose of visiting the city of Bombay was passing through the Blue Gate of the Alexandra Docks and was questioned by officer of customs. The plaintiff informed the officer that he was carrying gold which was in his cabin. The plaintiff produced gold wighing 310 tolas in his cabin and the same was seized. Ultimate by the impugned order dated 29-12-1950 one M.E. Rahaman the then collector of customs found that the condition of the reserve Bank of India notification No. 62/48-R. B. of 25-8-1948 had not been fulfilled in the case of the plaintiff and that the fold must be held to h

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