( 1 ) IN this petition filed under the provisions of section 482 Cr. P. C. , the legality of an order passed by the Metropolitan Magistrate. New Delhi, on 25th April, 1989 on the application moved by the Customs Department under section 110 (1-A) of the Customs Act, 1962, is assailed on the plea that the order suffers from inherent defect as it has been passed without any notice to the petitioner, whose rights were likely to be prejudicially affected any without affording him an opportunity of being heard.

( 2 ) THE facts in so far as they have a bearing on the point in issue here, are that as per allegations made in the application moved on 20th April 1989 by the Special Public Prosecutor for Customs Department before Shri V. B. Gupta, Metropolitan Magistrate, New Delhi who is link magistrate to the Addl. Chief Metropolitan Magistrate, New Delhi, contraband goods consisting of V. C. Rs. , VCPs, colour film rolls, photo papers, ete. all of foreign origin were siezed from different places on 18th November, 1988. The seizure was effected in exercise of the powers under section 110 of the Customs Act 1962. These, inter alia, included 676 VCRs. , 357 VCPs and 59,900 colo