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1973 Supreme(All) 23

O.P.TRIVEDI
Mohammad Hanif – Appellant
Versus
Collector of Customs and Central Excise – Respondent


Advocates:
K.N. Misra, for Petitioner; Umesh Chandra Srivastava, for Opposite Parties.

ORDER :- This petition under Article 226 of the Constitution of India has been filed by Mohammad Haneef.

2. The petitioner's case is that on 1-6-1960 the Customs and Central Excise Officers posted at Lucknow recovered from the petitioner's rightful and legal possession certain general merchandise and stationery goods and seized them on the plea that they were of foreign origin and the provisions of Sec. 11 of the Customs Act had been violated. Annexure-1 is a true copy of the recovery memo prepared on the occasion. The petitioner further contends that no show cause notice in respect of the aforesaid seized goods was served upon the petitioner within the statutory period of six months as required by Section 124 of the Customs Act, 1962; whereupon on 12-12-1970 the petitioner made a written request to the Collector of Customs and Central Excise, Allahabad, opposite party No. 1. through a registered letter (Annexure-3) demanding return of the seized goods as the show cause notice had not been received by him. The petitioner then received a letter dated 17/22-12-1970 (Annexure-4) from opposite party No. 2. the Assistant Collector of Customs, giving him intimation of extension of the per







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