G.R.JAGADISAN
Bhoormal Premchand – Appellant
Versus
Collector of Customs Madras – Respondent
This is a petition under Article 226 of the Constitution for the issue of a writ of certiorari to quash the order of the Collector of Customs, Madras, directing confiscation of gold, weighing 305.56 tolas, of the value of Rs. 27, 500.40, belonging to the petitioner, under section 167(8) of the Sea Customs Act read with section 23-A of the Foreign Exchange Regulation Act, 1947.
2.The events that led to the order of confiscation are, briefly, as follows. The petitioner is a bullion dealer at Bangalore, trading in the name of 'Jain Jewellers'. His employee, Ghevarchand, alighted at the Madras Central Station from the Express Train from Bangalore on 8th October, 1957, at about 4-30 p.m. He was intercepted by the police officers at the station, and, on search of his person, it was found that he was carrying a substantial quantity of gold in a piece of cloth tied round his waist. The police officers detained the gold under a 'mahazar' and informed the Customs Department. On interrogation by the Customs Officers, Ghevarchand produced a manuscript letter written in the letter-head paper of 'Jain Jewellers', Bangalore, dated 8th October, 1957, and addressed to M/s. Amichand Nagin
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