BOSE, B.C.MITRA
Nathmall Jalan – Appellant
Versus
Appl Collector of Customs Preventive – Respondent
1. THE question involved in this appeal is if the seizure and confiscation of certain bars of gold by the customs authorities is valid. The gold bars in question were despatched by one S. R. Damani from Bombay and were addressed to Nathmall Jalan, the appellant. The bars were packed in four parcels bearing Nos. 565, 566, 567 and 568.
2. THE customs authorities received some secret information, in consequence of which a watch was maintained near Barabazar Post Office by a customs officer on February 8, 1962. At about 9-45 in the morning one Pyarelal jalan was found coming out of the post office with a packet in his hand. He was challenged by the customs officer and on such challenge he stated that the packet carried by him contained four parcels of gold bullion, which had been sent by post from Bombay in the name of his father Nathmall Jalan. The packets were opened and were found to contain four parcels bearing Nos. 565 to 568, despatched by one S. R. Damani of 315 Kalbadevi Road, Bombay, on February 6, 1962, by air from Shroff Mahajan Post Office, Bombay. The packets were addressed to Nathmull Jalan of 85/1 Monohardass Street, Calcutta. Each parcel was insured for Rs. 200
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