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1961 Supreme(Mad) 129

P.V.RAJAMANNAR
Sha Rikabdoss Bhavarlal – Appellant
Versus
Collector of Customs, Mysore – Respondent


Advocates Appeared:Gopalarathanam, Advocate.

Judgment :-

This is an appeal from the judgment of Rajagopalan, J. dismissing Writ Petition No. 452 of 1958 filed by the appellant for the issue of a writ of certiorari to quash the order passed by the Collector of Customs, Madras, on 10th March, 1958 confiscating certain goods imported by the appellants on the ground that the goods were imported without a valid licence in con travention of Section 3 of the Imports Control Order, 1955 read with sub section (2) of Section 3 of the Imports and Exports Control Act, 1947, and, therefore, an offence under section 167(8) of the Sea Customs Act had been committed.

2.The main facts are not in dispute. They can be gathered from the affidavit of one Sirdamull, the authorised agent of the applicants, Sha Rikabdoss Bhavarlal. Sirdarmull was also the agent for other persons carrying on business similar to that of the appellants. The appellants held a licence granted by the Government of India under the Imports and Exports Control Act, 1947 authorising them to import musical instruments and parts thereof, all sorts. This licence was converted on their application to a licence for the import of electric insulations etc. excluding 38-II face value


































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