S. Ali Ahmad, J.

1. In this application under Articles 226 and 227 of the Constitution of India, a number of reliefs were prayed for which included a prayer for a declaration that the provisions of the Customs Act, 1962 and the provisions of the Imports and Exports (Control) Act, 1947 and that the Export Control Order, 1958 were ultra vires the Constitution. Another prayer was that Annexure 7 (Order passed by the Collector of Central Excise, Patna, respondent No.3 by which he confiscated 25 packages of mica) and Annexure 8 (appellate order dated the 12th of March, 1974, upholding Annexure 7) be quashed. It was also prayed that a direction be issued by this court to deliver back the seized mica to the petitioner forthwith.

2. When this application was placed for admission before Chief Justice Untwalia (as he then was) and S. K. Jha, J. , on the 19th of July, 1974, their Lordships observed that the application was not fit to be admitted, because the petitioner had not exhausted his remedy under Sec.131 of the Customs Act, 1962 , of going in revision before the Central Government against the appellate order of the Board. However, their Lordships admitted the application on the