JUDGMENT - (1) This is a petition undr Act 226 of the Constitution challenging the act of the 2nd Respondent, being Rummaging Inspector of Customs, of seizure of a Buick motor car of the ownership of the petitioner. Incidentally, certinas ordrs passed by the Additional Collector of Custom and Assistant Collector of Customs have been argued to be invalid on behlaf of the petitioner as also the respondents.

(2) The relevant facts are as follows:

A Buick (Sedan) 1959 Model two-door convertible car landed at the Port of Bombay on 22nd September 1959 by S.S. "Exchequer". It was sought to be cleard without payment of duty and without an I.T.C. licenceunder cover of Carnet De passages En Dluance No. 593820 by one V.V. Purie and one Mauji as agents of one Mons, Andra bensimon. The clearance was not allowed to be permitted. Bensimon arrived in India on October 8, 1959. Purie, Mauji and Bensimon wee called upon to show cause why the Buick car should not be confiscated under S 167(8) of the Sea Customs Act read with S. 3(2) of the Imports and Exports (Control) Act, 1947. All the above parties appear to have had a hearing and showed cause.

(3) Before the matter of the above investigation and inqu

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