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1959 Supreme(Bom) 126

K.T.DESAI
Valimahomed Gulamhussain Sonavala and Co. – Appellant
Versus
C. T. A. Pillai, Additional Collector of Customs – Respondent


JUDGMENT - 1. The Petitioners carry or. business in bullion and are licensed to refine precious metals. They have filed the petition for the issue of a writ of certiorari or other appropriate writ, direction or order under Article 226 of the Constitution against the Additional Collector of Customs and the Union of India for quashing and) setting aside the order, dated 13th June 1959, passed by the Additional Collector of Customs confiscating certain quantity of gold and imposing fines in lieu of such confiscation. They have also prayed for a writ of mandamus or other appropriate writ, direction or order under Article 226 of the Constitution against the Additional Collector of Customs for lestoring possession of the gold weighing 452 tolas and 17 1/2 vals belonging to the petitioners which has been seized.

2. The facts giving rise to the petition, briefly stated, are as follows; On 9th September 1957, 100 tolas of smuggled gold was seized from one Dina Mangtu, a sweeper employed by the Pakistan International Airways. He was interrogated. Whilst referring to previous transactions in which he was concerned, ho admitted that he had brought a similar consignment containing gold from a Pa











































































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