( 1 ) THIS is an application under Article 226 of the Constitution by one Sitaram Agarwalla against (1) the Additional Collector, Customs, Calcutta, (2) the Assistant Collector of Customs and Superintendent, Preventive Service having his office at Customs House, Calcutta, and (3) the Union of India, for the issue of a writ in the nature of Mandamus directing the respondent No. 1 to withdraw and/or cancel the order levying the personal penalty of Rs. 60,000/-on him and to refrain from enforcing the said order, a similar writ directing the respondent No. 2 to withdraw and/or cancel the order of detention of currency notes of Rs. 49,320/- and of appropriating the same towards the penalty imposed and to retrain from enforcing the order and for other appropriate reliefs.

( 2 ) THERE is some dispute as to the facts in this case, but I shall proceed on the basis of those disclosed in the records relied on by the respondents to test whether the orders complained of can be upheld. The respondents' case seems to be as follows. On receipt of information to the effect that the petitioner and one Bholanath Agarwalla were about to purchase Chinese smuggled gold a constable of